COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

south dublin county council crest

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, January 16, 2012

HEADED ITEM NO. 8

HEADED ITEM: D. & Water Services Department

Lease of land at St. Colmcille’s Way, Ballycullen, Dublin 16 to Ballyboden St. Enda’s GAA Club for the provision of dressing-room facilities.  Approval of registration of charge in favour of the Minister for Transport, Tourism and Sport.

REPORT:

The Council at its meeting held on 12th September 2005 approved the lease of a site as shown outlined in red on Drawing No. LA/23/11 at the Scholarstown/Kilininny Link Road now known as St. Colmcille’s Way, Ballycullen to Ballyboden St. Enda’s GAA Club for the provision of dressing-room facilities - Minute No. C/00592/05 refers. Updated terms were approved by the Council at its meeting held on 14th September 2009.  Minute No. H7c/0909 refers.

Ballyboden St. Enda’s GAA Club has been approved for Sports Capital Grants from the Department of Transport, Tourism and Sport in the sum of €1,000,000.00.

 The Minister for Transport, Tourism and Sport now requires to register a charge, in respect of the grant approved, against the leasehold interest held by Ballyboden St. Enda’s GAA Club in the property.  In accordance with the terms of the lease the Lessee is required to obtain the written consent of the Council, as landlord, in order to take a charge against the property. 

 The Minister for Transport, Tourism and Sport also requires the Council to enter into an Agreement, undertaking that in the event of the Club ceasing to continue to use the lands for sporting and recreational purposes and the Council recovering possession of the lands,  having exercised its right to forfeiture under the Lease, to ensure the lands are used for sporting and recreational purposes, or alternatively, repay to the Minister the amount of the grant then owing or such sum as the Minister may demand, whichever is the lesser amount.

 The Council’s agreement is necessary to enable Ballyboden St. Enda’s Club to draw down the funding from the Department.

 Section 66 of the Local Government Act, 2001 provides that the Council may approve the granting of any financial assistance whether by grants, loans, guarantees or other financial aid, and such approval to be by way of resolution of the Council.

 Accordingly it is recommended that the Council adopt the following resolution:

 “That subject to the provisions of Section 66 of the Local Government Act, 2001, the Council enter into a Deed of Agreement with the Minister for Transport, Tourism and Sport as outlined in the foregoing report in respect of the site at St. Colmcille’s Way, Ballycullen, Dublin 16, as shown outlined in red on Drawing No. LA/23/11, the subject of a Lease between the Council and Ballyboden St. Enda’s GAA Club.”