COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

south dublin county council crest

MEETING OF LUCAN AREA COMMITTEE

Tuesday, March 25, 2014

QUESTION NO. 14

QUESTION: Councillor E. Tuffy

"To ask the Manager if he will provide a Report to the Committee on the position regarding ownership of lands at Griffeen Avenue/Grange Castle Road, following the lapsing of the Kishogue Local Area Plan, and if he will include in his report clarification of the position in regard to the land swop involving the Council and lands at Cooldrinagh, Lucan?"

REPLY:

The Local Area Plan for Clonburris was confirmed by An Bord Pleanála on the 5th November 2008 and it is not intended to extend the Plan beyond the current six year statutory timescale.   Planning permissions which have been granted for part of the lands will remain valid beyond the six year timeframe.

The Clonburris LAP included lands at Balgaddy adjacent to  Griffeen Avenue /Grange Castle Road which were the subject to an agreement for disposal by the Council to Shelbourne Developments Ltd as approved by the Council at its meeting on 13th November 2006. These lands were part of a complex agreement that included, inter alia, direct disposals and land exchanges between the two parties. A primary school was subsequently constructed on a portion of the lands by the Department of Education and Skills in agreement with the Council and Shelbourne.  However,  Shelbourne  was unable to proceed with the development of the balance of the lands due to the economic collapse. 

The Council initiated legal action against Shelbourne following their failure to comply with the terms of the agreement.  Following protracted negotiations between the Council, Shelbourne and NAMA, agreement was reached that Shelbourne would transfer the lands that it had acquired from the Council back to the Council in full and final settlement of all outstanding issues. The legal representatives for both parties have been instructed and the transfer of title process has been initiated.

The settlement terms agreed will not impact on the Cooldrinagh lands which have already been transferred to the ownership of the Council in accordance with the 2006 agreement. The net outcome is that the council will retrieve full ownership of the 7.5 acres that had been transferred to Shelbourne Development Ltd., will retain ownership of the balance of the lands that were to transfer to Shelbourne and has acquired full title to the Cooldrinagh lands. 

A further strip of land along Griffeen Avenue, north of the Lucan East Educate Together N.S.,  is in the ownership of the Castlethorn Group.