COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

south dublin county council crest

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, March 11, 2013

HEADED ITEM NO. H8d) (i)

Development Section

Development Economic & Transport Planning Department

County Hall,

Town Centre,

Tallaght, Dublin 24 

1st March 2013

TO: EACH MEMBER OF SOUTH DUBLIN COUNTY COUNCIL

Proposed disposal of site at Brookfield Road, Tallaght, Dublin 24 to the Health Service Executive in exchange for former Health Centre premises at Manor Road, Palmerston, Dublin 20

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The Council at its meeting held on 14th June 2010 approved the disposal of a site at Brookfield Road, Tallaght to the Health Service Executive (HSE) by way of a lease for a term of 99 years in consideration of a capital premium in the sum of €272,994.00.  The site had been developed by the HSE or its predecessor some years earlier as the Rossfield Health Centre.  Manager’s Order LA/099/2010 and Minute No. H8d)/0610 refer.  The matter was referred to the Law Agent to complete the necessary legal documents.

Subsequently, the HSE notified the Council that it was vacating the Health Centre premises at Manor Road, Palmerston and enquired if the Council had a use for this premises.  The Council indicated an interest in acquiring the premises for community purposes. During  subsequent negotiations with the HSE, it was proposed by the Executive that the premises at Palmerston be exchanged for the freehold interest in the site of the Rossfield Health Centre which is owned by the Council, in lieu of payment of monetary consideration.  The matter was referred to the Council’s Chief Valuer to evaluate the proposed exchange and terms were agreed in principle with the HSE.

Accordingly, I recommend that the Council dispose of the freehold interest in the plot of land measuring 0.084 hectares or thereabouts at Brookfield Road, Tallaght, as shown delineated in red on the attached Indicative Drawing No. LA/37/10, to the Health Service Executive in accordance with Section 211 of the Planning and Development Act 2000 and subject to Section 183 of the Local Government Act 2001 and subject to the following terms and conditions:-

  1. That the Council shall transfer the unencumbered freehold or equivalent title of the site as shown delineated in red on the attached Indicative Drawing No. LA/37/10 comprising .084 hectares or thereabouts together with a right of way over the area as shown shaded yellow on the drawing which is a common area containing access and communal car parking to be shared with the Brookfield Enterprise Centre and to a lesser extent Rossfield Stores which has an access onto the common area, to the Health Service Executive (HSE), for no consideration.  The Council also reserves the right to use the access area to facilitate any future development on the site adjoining the health centre, which is reserved for a community type facility and which right of use may be transferred to any potential owner or Management Company of this site at a future date.
  1. That the Council will retain ownership and control of the common areas (access road, car parking and incidental green areas) and will be responsible for the maintenance of these areas. The HSE shall pay an annual service charge in respect of the expenses/costs incurred by the Council in maintaining the common areas on a pro rata basis with other properties in the Estate, which will be determined by the gross floor area of the premises on the site.
  1. The HSE shall indemnify the Council in the sum of 6.4m (six million four hundred thousand euro) or such other sum as may be stipulated by the Council from time to time against third party claims or demands arising out of the HSE’s use and occupation of the common areas.
  1. That the HSE shall transfer the unencumbered freehold or equivalent title in possession to the Council, for no consideration, of the premises comprising of the former Palmerston Health Centre at 24 Manor Road, Palmerston, Dublin 20 as shown outlined in red on Folio map No.DN36787F.
  1. That in the event that any VAT and/or stamp duty liability arises in respect of this exchange, then each party will be responsible for their respective VAT and/or stamp duty liability. 
  1. That all outstanding charges, rates and taxes (if any) on the lands/premises shall be cleared prior to the completion of the transaction.
  1. That each party shall be responsible for their legal, valuer's and any other conveyancing costs incurred in this matter.
  1. That the Council’s Law Agent shall draft the necessary legal agreements and shall include any further terms he deems appropriate in Agreements of this nature.
  1. 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 Dublin City Council (formerly Dublin Corporation) in 1997 under the Scheme of Transfer of Houses and Lands pursuant to the Local Government (Dublin) Act, 1993 and part of lands acquired from Kelland Homes Ltd in 1998 for housing and enterprise centre purposes.

P. Poole

County Manager