COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL
MEETING OF SOUTH DUBLIN COUNTY COUNCIL
Monday, September 09, 2013
HEADED ITEM NO. H7d)
Proposed grant of lease to the Dublin and Dun Laoghaire Education and Training Board in respect of site at Tór an Rí Walk, Balgaddy, Lucan South, Co. Dublin
The Department of Education and Skills approached the Council to identify a site in the Balgaddy area to temporarily accommodate a primary school pending a suitable permanent site becoming available.
A site was identified at Tór an Rí Walk, Balgaddy and the Department of Education and Skills has applied for and obtained planning permission for the construction of a temporary prefab building on the site for a period of up to four years, as per planning Reg. Ref. SD13A/0042. The Council issued terms to the Department on 14/5/2013 in relation to a short-term lease of the above site. However the Department did not confirm its formal acceptance of the terms until 4/7/2013 which was too late to satisfy the statutory notice period to be given to members of the Council in relation to disposal of lands for the July Council meeting which was held on 8/7/2013.
The Department was anxious to proceed with the construction of the school during the school summer holiday period with a view to having it ready for operation for the school term commencing September 2013. The Department has also confirmed that the Dublin and Dun Laoghaire Education and Training Board is the School Patron for this proposed community national school and that the Board is the appropriate party to take the Lease. In order to facilitate the provision of the school accommodation in time for the next school year commencing in September 2013, the Council granted an interim licence to the Dublin and Dun Laoghaire Education and Training Board to enter onto the Council's lands at Tór an Rí Walk, Balgaddy, Lucan South as shown outlined in red on Drawing No. 12/11/SK035 to construct a temporary pre-fab school building and ancillary works together with provision of access points over areas shown hatched in blue on said Drawing and to operate a temporary school on this site.
Accordingly, I now recommend that the Council grant a lease of a site at Tór an Rí Walk, Balgaddy, Lucan South as shown outlined in red on Drawing No. 12/11/SK035 measuring 0.038 hectares or thereabouts to the Dublin and Dun Laoghaire Education and Training Board 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 terms and conditions as recommended by the Council's Valuer:-
1 That the lease will be for a period of 4 years, commencing on a date to be agreed between the parties.
2 That a right of way be granted to the Lessee (to include its agents, employees, invitees) over the lands forming the site of the two temporary access roads leading from Griffeen Avenue to the School site as shown hatched in blue on Drawing No. 12/11/SK035, for the period of the lease.
3 That the annual rent shall be in the sum of €25,000 (twenty five thousand euro) plus V.A.T. (if applicable), to be paid in advance in two equal instalments.
4 That the Lessee shall be responsible for all outgoings including rates, charges, fees, utility bills and refuse charges that may become payable on the subject premises during the period of the lease.
5 That the Lessee shall undertake not to use the site for any purpose other than that of carrying out the development approved by the Planning Authority as per final grant of Planning Permission dated 2nd July 2013 – Planning Reg. Ref SD13A/0042. and will comply at all times with the requirements of the Local Government (Planning and Development) Acts, 1963-2000, the Planning and Development Act 2000 (as amended), the Building Control Act 1990, Building Regulations 1991-1994 and the Building Control Regulations 1997 and any amendments or re-enactments currently in force, or to be re-enacted in the future in respect of the said Acts and Regulations.
6 That the Lessee shall satisfy itself as to the availability and capability of services in the area to cater for the proposed development, and the identification of connection points thereto.
7 That planning costs, fees, contributions, connection costs and fees, site preparation, development and all other associated costs incurred in the delivery of the entire completed development shall be borne by the Lessee and adequate fencing and security systems must be put in place along the entire boundaries of the construction site for the duration of the development.
8 That the leased area and the temporary structures thereon shall be maintained to a very high standard and the Lessee shall use their best endeavours not to cause any nuisance, noise or disturbance to adjoining residential developments.
9 That the Lessee shall not carry out any alteration or development of the lands, other than those described at Clause 5 above, or erect any structure or make any excavation without the prior written consent of the Council.
10 That the Lessee shall insure and keep insured the leased area in a sum equivalent to the full replacement value, at all times in the joint names of the Council and Lessee against loss or damage by fire or other cause in an established insurance office to be approved by the Council and to pay all premiums or such sum of money necessary for that purpose and within 7 days after the same has become payable to produce to the Council the policy or policies of such insurance and the receipt for every such payment. In the event of loss or damage by fire or other cause, the Lessee is obliged to reinstate the leased area and every part thereof to its original state.
11 That the Lessee agrees to indemnify the Council from and against any and all liability and loss, howsoever occurring which the Council may suffer by any reason or any accidents or otherwise or other damage to the licensed area or any property, which arises out of the Lessee's occupation of the site and that the Lessee agrees to effect Public Liability insurance for a minimum sum of €6.4m and also Employers Liability Insurance with a minimum limit of €12.7m and these policies should include an indemnity to South Dublin County Council in respect of the Lessee's use of the leased area and any access points thereto.
With regard to Clauses 11 & 12 above, if the development is to be covered by state indemnity, written confirmation of this position shall be provided.
12 That the Lessee shall be prohibited from erecting any mast or hoarding on the premises.
13 That the Council shall retain a right to wayleaves for no consideration through any lands included in the lease, or any related lands to which it holds title, for any of its statutory purposes subject to the appropriate re-instatement of any lands so affected.
14 That the Lessee shall not assign, grant any sub interests, sub-divide, alienate or part with the possession of the leased area without the prior written consent of the Council.
15 That the Lessee shall comply with all statutory requirements and regulations and in particular the Safety, Health and Welfare at Work Act 1989 to 2005, Waste Management Act 1996 as amended and Litter Pollution legislation and any amendments or re-enactments currently in force or to be re-enacted in the future in respect of the said Acts and Regulations.
16 That the Council, its Employees or Agents shall have the right at all reasonable times to enter upon the leased area to ensure that the Lessee is complying with the terms of the Lease or for any other reasonable purpose.
17 That in the event of the Lessee breaching any of the terms of the Lease, the Council reserves the right to terminate the lease having given to the Lessee 28 days notice as to the breach of the condition of the Lease and the Lessee has failed to rectify the alleged breach.
18 That at expiration or sooner determination of the Lease, the Lessee shall return the site to the Council in a clean and tidy state and cleared of any structures or other items.
19 That the Lessee will pay the Council's legal fees incurred in the grant of the Lease which shall be agreed with the Council's Law Agent at a later date and a Valuer's fee of €1500 (fifteen hundred euro) plus V.A.T.
20 That the Lease shall include any amendments and/or other conditions as are deemed appropriate by the Council's Law Agent.
21 That the disposal is subject to the necessary approvals and consents being obtained.
22 That no agreement enforceable at Law is created or intended to be created until such time as the lease has been exchanged.
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 Lands and Housing pursuant to the Local Government (Dublin) Act, 1993.
D. McLoughlin
County Manager