COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL
MEETING OF SOUTH DUBLIN COUNTY COUNCIL
Monday, February 13, 2012
HEADED ITEM NO. 7c)
Proposed disposal of strip of land at Old Ballycullen Road/Castlefield Avenue to Chris & Helen Lawlor – Variation on Terms
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The Council at its meeting held on 08/03/2010 approved the disposal of a plot of land at Old Ballycullen Road/Castlefield Avenue to Mr. Chris & Mrs. Helen Lawlor to facilitate the construction of a single dwelling subject to planning permission being granted. Minute No. H7d)/0310 refers.
The applicants subsequently submitted an application for planning permission on 3/11/2010 for the construction of a single dwelling on the site and planning permission was granted on 21/6/2011 on foot of a second application- Planning Register Reference SD11A/0065.
A submission was later made to the Council by the applicants detailing a number of factors which have impacted on the project feasibility, particularly the requirement to reduce the level of the site and provide non-standard foundations at a significant cost. As a result of the delays which have arisen in this case and the fall in value of the land from the time the site was valued initially, the applicants have also requested a re-valuation of the purchase price to enable them to obtain finance to acquire and develop the land. In light of the matters raised the Council’s Chief Valuer was requested to review the terms offered for the disposal of the site and has now recommended revised terms and conditions as set out hereunder which he considers to be fair and reasonable and which have been accepted by the applicants.
Accordingly, I recommend that the Council dispose of an area of land comprising of an area of 1255 sq metres or thereabouts adjacent to Old Ballycullen Road/Castlefield Avenue as shown outlined in red on attached Drawing No. LA/07/10 to Chris & Helen Lawlor in accordance with Section 211 of the Planning and Development Act, 2000 and subject to the provisions of Section 183 of the Local Government Act, 2001 subject to the following revised terms and conditions as recommended by the Council’s Chief Valuer:-
1. That the subject land is disposed of subject to a building licence agreement allowing the construction of one dwelling only as per planning permission granted, Planning Ref: SD11A/0065.
2. That the Council will dispose of the subject plot for the consideration of €80,000 (eighty thousand euro) plus VAT if applicable.
a) That 50% of the sum is payable within two months of date of approval of the Council of the disposal
b) That the balance is payable upon transfer of title to the Applicants following completion of the development to the satisfaction of the Council.
3. That following completion of development to the satisfaction of the Council the subject land will be disposed of with full freehold title and vacant possession, subject to the Council retaining a wayleave and right of way over area shaded yellow on Drawing No LA/07/10 in order to access and maintain public services contained therein.
4. That the Applicants shall contact the ESB directly for its wayleave requirements regarding the MV/LV underground cables that traverse a portion of the site.
5. That the Applicants shall pay any stamp duty or taxes arising in this transaction.
6. That the Applicants shall pay the Council’s legal fees plus VAT and outlay.
7. That the Applicants shall pay Valuer’s fees of €1200 (twelve hundred euro) plus VAT.
8. That the County Solicitor shall draft the necessary legal agreements and shall include any further terms he deems appropriate in Agreements of this nature.
9. No exchange enforceable at law is created or intended to be created until exchange of contracts has taken place.
The lands being disposed of form part of the lands acquired from Elizabeth Meade in 1980 for roads purposes.
J. Horan
County Manager