COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

south dublin county council crest

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, January 13, 2014

HEADED ITEM NO. H7(c) (iii)

 

Proposed disposal of site at Killinarden, Tallaght, Dublin 24 to the Minister for Education & Skills

The Department of Education and Skills approached the Council to identify a site that would be suitable for the provision of a replacement primary school for Scoil Chaitlín Maude in Killinarden, Tallaght.  A site opposite Hazelgrove Estate in Killinarden, between the N81 and Killinarden Heights was identified as being suitable and following further discussions with the Department of Education and Skills the Chief Valuer was requested to recommend terms and conditions for the disposal of the site. The Department has indicated its acceptance of the terms offered.

I therefore recommend subject to the provisions of Section 183 of the Local Government Act, 2001 and in accordance with Section 211 of the Planning and Development Act 2000, that the Council dispose of a site at Hazelgrove, Killinarden, Tallaght, Dublin 24 to the Minister for Education & Skills, subject to the following terms and conditions as recommended by the Council's Chief Valuer:

1.     That the site is as shown outlined in red on Indicative Drawing No LA/50/13 attached, having an area of 1.6 hectares or thereabouts.

2.     That the disposal price shall be in the sum of €445,000 (four hundred and forty five thousand euro) plus VAT (if applicable) payable as follows:

(a)  10% on signing of a contract which shall be no later than 4 weeks from the date of approval of the transaction by the Council.

(b)   90% on the date of closing.

3.     That the disposal price is exclusive of all outgoings. That the purchaser shall be responsible for the payment of all planning levies, costs and connection charges arising in the planning process.

4.     That the Council shall transfer the unencumbered (aside from services) freehold title with vacant possession in the bulk of the site comprising 1.55 ha or thereabouts, and the freehold interest in part of the site comprising  grass verge situated on the northern boundary of the site with an area of c. 0.05 hectares or thereabouts.  That any public or private rights of way over the grass verge will not be affected by the disposal.

 5.     That the Purchaser shall construct a boundary feature on the site which shall be in accordance with the Planning & Development and the Building Control legislation.

 6.     That the Purchaser shall only be permitted to landscape, construct a footpath and surface set down /car parking area and extend the road on the portion of the site that comprises grass verge on the northern boundary.  If works are carried out on the grass verge which comprises part of the public road, then the Purchaser will indemnify the Council against any claims.

 The Council will retain the right to take in charge the grass verge including any works constructed on this area and any works on this area will be agreed with the Council.

7.     That the Purchaser shall duct and underground the electricity pylons and cables situated on the area outlined in purple on the attached Indicative Drawing No. 2.  These works are to be carried out to the Council's satisfaction and the Purchaser will indemnify the Council against any claims as a result of such works.

8.     That the Council shall retain a wayleave over any existing services and this will include the right to unimpeded access at all times to any existing services to maintain, repair or renew same. That any landscape works over the wayleave are to be agreed with the Council prior to commencement of such works. That no structure shall be constructed over the wayleave area.

9.     That all outstanding charges, rates and taxes (if any) on the site shall be cleared prior to completion of the transaction.

10. That the Purchaser shall be responsible for payment of all the Council's reasonable valuer's and legal costs associated with the conveyance of the site including VAT and outlay.

 11. That the Council shall prepare accurate transfer maps following final survey for inclusion with the contract documentation.

12. That the County Solicitor shall draft the necessary legal agreements and shall include any further terms he deems appropriate in Agreements of this nature.

13. That no contract enforceable at Law is created or intended to be created until such time as contracts have been exchanged.

 14. That the disposal is subject to the necessary approvals and consents being obtained.

 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 pursuant to the Local Government (Dublin) Act, 1993.

D. McLoughlin

County Manager