COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL
MEETING OF SOUTH DUBLIN COUNTY COUNCIL
Monday, September 10, 2012
HEADED ITEM NO. 7b) (i)
Re: Proposed disposal of 20 acre site at Aungierstown and Ballybane, Clondalkin, Dublin 22
Google Ireland Limited acquired approx. 11.426 acres in Profile Park in 2011 and subsequently received planning permission to develop their facility. Due to the phenomenal demand for cloud computing and requirements for data centres Google made an application to the Council to acquire approx. 20 acres of land in Council ownership immediately adjoining their facility to cater for and facilitate the future expansion of their facility. Data centres are the critical piece of infrastructure that cloud computing depends on and the fact that Google are prepared to invest further in South Dublin is of significant importance to the county and Ireland as a whole.
I recommend that 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 the Council dispose of a 20 acre site at Aungierstown and Ballybane, Clondalkin, Dublin 22 as shown hatched green on drawing no. 02_028D_203_D to Google Ireland Limited, Gordon House, Barrow Street, Dublin 4 subject to the following terms and conditions as recommended by the Council’s Valuer:-
1. That the site to be disposed of is shown hatched green on Drawing No 02_028D_203_D (for general identification purposes) and has an area of 20 acres/8 hectares or thereabouts – a formal accurate disposal map shall be prepared.
2. That the disposal price shall be in the sum of €4,400,000 (four million, four hundred thousand euro), exclusive of VAT, stamp duty and other outgoings.
This price is based on a disposal area of 20 acres at it may vary somewhat, upwards or downwards, depending on the measured area shown on the official disposal map.
The disposal price shall be payable as follows:-
- 10% on the exchange of contracts – to take place no later than Friday 21st September, 2012.
- 90% on closing – to take place no later than Wednesday 31st October, 2012. Interest at the rate of 12% per annum shall apply to any outstanding amounts.
- The disposal price which equates to a rate of €220,000 (two hundred and twenty thousand euro) per acre includes the right for the purchaser and successors in title to connect into South Dublin County Council’s private drainage network in Grange Castle Business Park, Nangor Road, Clondalkin, Dublin 22.
The right to connect into the Council’s private drainage network shall be restricted to servicing the c.20 acre/8ha or thereabouts, to be disposed. The purchaser will connect into the private drainage network via their adjoining property which already benefits from a connection to the private drainage network. The purchaser or their successors will not be permitted to allow adjoining lands, or other parties, to connect into the above service.
Full details of the right to connect into the Council’s Drainage network to be agreed with the Council and set out in the contract documents, which will include a condition that the Council will reserve the right to connect into any services constructed or installed on the land to be disposed of. Any works to connect into the Councils services will be at the purchaser’s cost. The purchaser shall satisfy itself as to the availability of all other services to the site.
3. That the Council will convey the unencumbered freehold interest in the lands to be disposed of subject to the following:
- That the lands to be disposed of will exclude any public road areas and if the purchaser constructs part of the main industrial estate road on part of the land to be disposed of, this portion of the site shall be transferred back at no cost to the Council or their nominee. This is to ensure that future integrated development of other lands is facilitated.
4. (a) In the event that the purchaser has not commenced development, meaning the commencement of development of industrial or light industrial buildings which may include for the avoidance of doubt, data centre, logistics warehouse or ancillary structures including electricity substation on at least 30% of the subject land within a period of 7 years from the date of the disposal, the Council will then have the option to purchase back the land at the disposal price set out at No. 2 above.
4. (b) The Council agrees to commence the construction process for the Milltown Access road as shown on the contract map to facilitate the development by the purchaser of the subject lands in accordance with term 4 (a) above or at an earlier date to facilitate the development of the residual lands in Milltown Business and Technology Park.
5. That if the purchaser disposes of the land, or part thereof, for a consideration or capital premium in excess of the rate of €220,000 (two hundred & twenty thousand euro) per acre, within a period of seven years from this disposal, any sum in excess of the rate of €220,000 (two hundred and twenty thousand) per acre (as adjusted by reference to changes in the Consumer Price Index from the date of purchase to the date of disposal) achieved for the land, shall be paid to the Council. The Council’s written consent shall be required for the disposal of any undeveloped areas of the land, within a period of 7 years from the date of this disposal.
6. Subject to planning permission the purchaser shall be permitted access onto the public road at the southern boundary of the subject lands between points A and B on the contract map.
7. That prior to disposal, the Council shall reserve the right to a wayleave along a boundary of the site, to allow for the possibility of services being extended to other lands in the vicinity.
8. That the purchaser shall construct suitable boundary features on the site where it meets the retained Council lands, at the northern and northwest corner boundaries. Details to be agreed with the Council.
9. That each party shall be responsible for their own costs in the matter.
10. That the above disposal is subject to satisfactory proof of title by the Council.
11. That the above proposal shall be subject to any other terms deemed appropriate by the Council’s Law Agent or the Council.
12. That the above disposal is subject to the Council obtaining the necessary consents and approvals.
13. That no agreement 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 Kenneth Beattie in 2003 for the purposes of the Housing Acts 1966-1998.
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Philomena Poole,
County Manager.