COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

south dublin county council crest

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, July 08, 2013

HEADED ITEM NO. 7(e) (i)

Transfer of Lands between Cookstown Road and Citywest Avenue, Tallaght, Dublin 24 to the Railway Procurement Agency to facilitate construction of Luas Line A1, Tallaght to Saggart Line             

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The Railway (Dublin Light Rail Line A1 – Belgard to Saggart) Order 2008 required the Council to transfer to the Railway Procurement Agency (RPA) all lands in its ownership located between the Cookstown Road and the Citywest Business Park which were required for the construction of the Luas Line A1, Tallaght to Saggart Line. In accordance with agreements reached at the oral hearing into the Railway Order and having regard to the significant infrastructure being provided by the RPA which serves a substantial area of South Dublin County, it was agreed that the lands required for the line which were in the Council's ownership were to be transferred free of charge to the RPA. Any lands which the Council had to acquire for the rail line were to be charged to the RPA based on cost of acquisition.

Manager's Order LA/265/2007 approved the acquisition of 31.872 acres (12.9 ha) of lands at Cheeverstown from Roadstone Dublin Limited part of which was required for the construction of the Outer Ring Road Phase 111 and the Belgard Road to Saggart  Link Road and sections of the LUAS Line A1. The area of the Roadstone lands required for the LUAS line A1 are to be charged to the RPA on a pro rata basis with the agreed consideration for the acquisition of the overall area of 31.872 acres from Roadstone Dublin Limited, plus fees.

 Accordingly, 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, that the Council dispose of lands comprising 31,768 sqm (7.9 acres) or thereabouts located between the Cookstown Road and Citywest Avenue to the Railway Procurement Agency, Parkgate Business Centre, Parkgate Street, Dublin 8 as detailed on the schedule attached to this report and as shown outlined in red on the relevant Indicative Drawings identified in the Schedule in accordance with the Railway (Dublin Light Rail Line A1 – Belgard to Saggart) Order 2008, and subject to the following terms and conditions:

 1.     That the Council dispose of its fee simple interest or leasehold interest or enter into an operational licence and give vacant possession to the subject lands, subject to the wayleaves referred to at Clause 2 hereunder, retaining subterranean and air space property rights, as deemed  appropriate by the Council.

2.     That the Council retain a wayleave over the subject lands where necessary to access public services, for maintenance purposes.

3.     That the purchase price is as set out in the Schedule attached to this Manager's Order.

4.      That the RPA give a written undertaking to the Council by way of side letter to this Agreement that it will provide for future access, if required, to Council owned land south of the rail line in the vicinity of the Cheeverstown LUAS stop.

5.     That the burdens set out at Part3(4) of Folio DN183654F and referred to in the Transfer dated 21st December 2007 between Roadstone Dublin Ltd and CRH Estates Ltd and the subsequent Transfer dated 31st January 2008 between CRH Estates Ltd, South Dublin County Council and Roadstone Dublin Ltd  and in Manager's Order LA/265/2007 affecting the lands the subject of the disposal to the RPA shall run with the lands to be disposed of.

6.     That the RPA, as transferee, and their successors and assigns shall be bound by and enter into a direct covenant with Roadstone Dublin Limited to be bound by the terms of clauses 6 and 7 contained in Manager's Order LA/265/2007 and by the covenants on the part of the Purchaser(as therein defined) set out  in the Transfer dated 31st January 2008 between CRH Estates Ltd, South Dublin County Council and Roadstone Dublin Ltd 

7.     That each party shall be responsible for its own professional fees in this matter.

 

8.     That the RPA shall be responsible for the payment of any VAT/Stamp Duty arising out of this transaction.

9.     That the Council or the RPA shall arrange for preparation of accurate disposal maps based on the 'as constructed' position of the LUAS line.

10. The Transfer to contain such other standard conditions and general provisions as are contained in agreements of this type and as are deemed appropriate by the Council's Law Agent.

D. McLoughlin

County Manager


 Schedule of lands to be transferred to RPA

  

DESCRIPTION ADDRESS AREA SQM APPROX. ACQUISITION HISTORY MONETARY CONSIDERATION
Lot Nos 19 A1, 19 A2, 19 A3 comprised in Folio No DN 23088F Lands at Old Belgard Rd., Cookstown as shown on Indicative Drawing No A1-P19 0-A   1,521 Acquired from Lamont Assurance Co Ltd for road purposes in 1977 Nil
Lot No 19 A4 comprised in Folio Nos DN 23088F and DN 118055F Land at Cookstown Rd as shown on Indicative Drawing No A1-P19 A-B 2,421 Part acquired from DCC in 1997 under the Scheme of Transfer of Lands & Housing pursuant to the LG (Dublin) Act 1993 and part from Lamont Assurance Co Ltd  for road purposes in 1977   Nil
Lot Nos 19 A6, 19 A5, 19 A7, 19 A8, 19 A9, 19 A10, 19 A11, 19 A12 comprised in Folio DN 118055F   Lands at Cookstown Rd as shown on Indicative Drawing Nos A1-P19 A-B  A1-P19 B-C 2,547 Acquired from DCC in1997 under the Scheme of Transfer of Lands & Housing pursuant to the LG (Dublin) Act 1993 Nil
Lot Nos 19 A13, 19 A15, 19 A18, 19 A22, 19 A24, 19 A25, 19 A26, 19 A27, 19 A28, 19 A29, 19 A30, 19 A31, 19 A32, comprised in Folio DN 183654F Lands at Cheeverstown/ Brookview as shown on Indicative Drawing No. SSA 1260 Page 1&2 10,905 Acquired from CRH Estates and Roadstone Ltd for road and rail purposes in 2008 Consideration  is pro rata to cost to Council of acquiring these lands from Roadstone Dublin Ltd/CRH Estates in 2008 – calculated at €628,658 per acre.- total price based on final measurement.  
DESCRIPTION ADDRESS AREA SQM ACQUISITION HISTORY MONETARY CONSIDERATION
Lot No. 19 A14 comprised in Folio DN 16695F Land adj to Embankment Rd, Fettercairn as shown on Indicative Drawing No  A1-P19 B-C    1,325 Acquired from DCC in 1997 under the Scheme of Transfer of Lands & Housing pursuant to the LG (Dublin) Act 1993 Nil
Lot Nos 19 A16, 19 A17, 19 A19, 19 A20, 19 A21 comprised in Folio DN 8634 Lands adj to Embankment Rd., Fettercairn as shown on Indicative Drawing Nos A1-P19 B-C, A1-P19 C-D, A1-P19 D-E    7,452 Acquired from DCC in 1997 under the Scheme of Transfer of Lands & Housing pursuant to the LG (Dublin) Act 1993 Nil
Lot No 19 A34 Land adj Brookview Est as shown on Indicative Drawing No A1-P19 E-F A1-P19 C-D, A1-P19 D-E 5,597 Acquired from Citywest Ltd for housing purposes in 1997 Nil