COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

south dublin county council crest

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, December 10, 2012

HEADED ITEM NO. 8

Corporate Service's Department,

County Hall,

Town Centre,

Tallaght,

Dublin 24.  

29th November, 2012.

TO: EACH MEMBER OF SOUTH DUBLIN COUNTY COUNCIL.

The Council at its meeting held on 10th September, 2012 noted the Proposal to dispose of a 20 acre site at Aungierstown and Ballybane, Clondalkin, Dublin 22 to Google Ireland Limited subject to certain terms and conditions, Minute H7/0912 refers.

 Following further discussions between the parties I recommend 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 that the Council vary Condition No. 4 (a) of the original terms of the disposal as follows:-

Original Term Proposed Term
4(a)  In the event that the purchaser has not 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 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 substations) the Subject Property within a period of seven (7) years from the closing date, then the Council shall have the option to purchase back the land at the price of €220,000 (two hundred & twenty thousand euro) per acre (as adjusted by reference to changes in the Consumer Price Index maintained by the Central Statistics Office (the “Consumer Price Index”) from the closing date to the date of the said disposal to the Council.  For the avoidance of doubt, the Council acknowledges that the Purchaser may develop the Subject Property in phases and agrees that commencement of the first such phase of development shall be sufficient for the Purchaser to have “commenced development” for the purposes of complying with the terms of this disposal.  The option for the Council to purchase back the land may be exercised no earlier than the date which is seven (7) years from the Closing Date and no later than the date which is ten (10) years from the Closing date, and shall thereafter lapse entirely.  

 The terms of the disposal as reported to the members otherwise to remain unchanged.                                                                                                       

Philomena Poole,

County Manager.