COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

South Dublin County Council Crest

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, July 14, 2014

HEADED ITEM NO. 7(b)

Disposal of site at Tymon North Road, Tallaght, Dublin 24 –adjacent to St. Aongus Scout Den to the Health Service Executive

 

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The Council at its meeting held on 8th December 2008 approved the disposal of a site at Tymon North Road, Tallaght, Dublin 24 to the Health Service Executive (HSE) to facilitate the provision of a community nursing unit (CNU). Manager’s Order LA/274/2008 and Minute No.C/0956/08 refer.

The HSE subsequently withdrew from this transaction due to lack of funding and the sale of the site did not proceed at that stage.

 The site is Zoned Objective ‘A’ in the County Development Plan 2010 to 2016 and contains the following Specific Local Objective.

  1. Tymon- Retirement Village

Advance the provision of a retirement village with a six year objective on the lands bordering the Tymon Road North, Tymon North Grove and St. Aongus Grove.

 The HSE has recently contacted the Council with a view to re-activating the proposal for the provision of a CNU on these lands. Due to the passage of time since the initial disposal terms were agreed, the matter was referred to the Chief Valuer to open new negotiations with the HSE.

 The Chief Valuer has now recommended that the site be disposed of subject to the following terms and conditions which he considers to be fair and reasonable and which have been accepted by the HSE.

Accordingly, I recommend in accordance with Section 211 of the Planning & Development Act, 2000 and subject to the provisions of Section 183 of the Local Government Act, 2001, that the Council dispose of the site at Tymon North Road, Tallaght, Dublin 24 as shown outlined in red on Drawing No. LA/37/14 dated June 2014 comprising 8,000 square metres or thereabouts, to the Health Service Executive, HSE Estates, 26-29 Old Kilmainham, Dublin 8.

  1. That the site to be disposed of is as shown outlined in red on the attached Drawing No. LA/37/14 dated June 2014 comprising 8,000 square metres or thereabouts (c.1.97 acres).
  1. That the Council hold the Fee Simple Interest in the site.
  1. That the HSE shall satisfy itself as to the boundaries and extent of the site.
  2. That the HSE development project on the site is anticipated to be a 100 bed Community Nursing Unit(s). If the HSE wishes to alter the use of the buildings in the future, it must first seek the permission of the Council in writing.
  1. That the Capital Premium payable to South Dublin County Council shall be in the sum of €650,000 (six hundred and fifty thousand euro) payable as follows:

(a)    €25,000 (twenty five thousand euro) payable on the date of signing of the Agreement to Lease which shall take place no later than four months from the date of approval of the Council of the transaction.

(b)    €600,000 (six hundred thousand euro) on the date of final grant of planning permission for the development.

(c)    €25,000 (twenty five thousand euro) on the date of transfer of leasehold title which shall take place when the development is certified as being fully completed.

       Interest at the rate of 12% per annum shall apply to any outstanding amounts which have not been paid as they have fallen due.

  1. That the site shall be disposed of by way of a Leasehold Building Agreement i.e. an Agreement to Lease, incorporating building licence provisions, followed by the grant of a 999 year lease at a rent of €100 (one hundred euro) per annum, with five yearly rent reviews linked to changes in the Consumer Price Index in the intervening periods, when the approved development is fully completed. No transfer of the lease shall be permitted unless the HSE receives the Council’s prior consent in writing.The Agreement to Lease and other legal documentation shall be drafted by the Council’s Law Agent and shall include terms and conditions normally included in such documents.
  2. That the HSE shall apply for full planning permission for the entire development on the site no later than nine months from the date of the approval of the Council of this transaction. If this does not occur the Council, at its absolute discretion, may decide not to pursue this Agreement.
  3. That the HSE will construct a boundary feature to all public frontages of the site that shall be in accordance with the Planning & Development and the Building Control legislation.
  4. That the HSE will be required to commence the development within twelve months from the final grant of planning permission. The entire development on the site must be completed under one building contract in one phase or, alternatively, in not more that two consecutive phases amounting to not more than thirty six months in total.
  5. That if planning permission for a development on the site is either refused (by the Council or An Bord Pleanála), or granted subject to onerous conditions, then either party can decide to abandon the transaction without penalty or compensation due to the other party. The Council shall also reserve the right to terminate the agreement if the HSE choose to appeal a Planning Authority decision.
  6. That the Council reserves the right, exercised reasonably and on the issue by the Council of a letter of notice at least two weeks prior to the event, to re-enter on the site, or any part of same and resume possession thereof including any buildings or structures thereon, should the development or phases thereof not be completed within the period specified above or, in the unlikely event of the bankruptcy of the HSE, save in the case of a financial institution which has entered into a mortgage with the HSE for the purposes of financing the development of the site.
  7. That the HSE shall undertake not to use the site for any development purposes other than that of carrying out the development for which planning permission is obtained.
  8. That as part of this agreement the HSE shall, at the date they fall due under the relevant planning permission for the purpose of commencing construction of the development, pay any Council financial contributions including special contributions (if any) applicable to the development, required as a condition of the grant of planning permission for the site.
  9. That all site investigations (including archaeological investigations), ground works, services connections, planning fees, development and associated professional costs incurred in the delivery of the completed development on the site shall be paid by the HSE.
  10. That an Agreement for Lease is not to operate as a lease and it shall not be transferable save, if applicable, in the case of a financial institution which has entered into a mortgage with the HSE which mortgage must be approved by the Council in writing and must have been entered into specifically for the purposes of financing the HSE to undertake the development of the site.
  11. That the Council shall retain wayleaves to any existing services traversing the site including those shown coloured yellow on the attached Drawing No. LA/37/14.
  12. That the HSE in designing and building the development shall have due regard to the rights and entitlements of the   adjoining Scout Den property.
  13. That during the building period and pending the grant of lease(s), the HSE will insure the buildings against fire and all other insurable risks with an approved insurance company and pay all necessary premiums.The insurance shall be in the joint names of the HSE and the Council and will be for such an amount as will provide cover for full Reinstatement Value of so much of the buildings as are erected at any time together with a sum for Professional Fees and removal of debris charges. If applicable, the HSE’s financial institution may be a mentioned party on this insurance policy.The HSE and its design team shall also indemnify the Council against any claim for compensation which might/may be made by any party arising out of building works being carried out on the site, or any working areas or on any access points thereto.
  14. That the Law Agent shall draft the agreements, contracts and leases and may include further terms and conditions as he deems appropriate, including Arbitration clauses, in order to protect the Council’s interest in this case In the case of disputes concerning valuation issues in the agreement, the Arbitration clause shall refer to the appointment of a Chartered Valuation Surveyor to act as Arbitrator. This person to be appointed by agreement of the parties or, in default of agreement, be appointed by the President of the Society of Chartered Surveyors Ireland. The cost of any Arbitration to be borne equally by the parties.
  15. That the HSE shall satisfy the Council that sufficient funds are available for the payment of the capital premium and the undertaking and completion of the proposed development on the site. This information is required no later than 40 days from the issue of the letter of offer dated 21st May 2014.
  16. That subject to the relevant legislation and statutory regulations, the HSE shall pay any VAT, stamp duty or other taxes arising at any stage in this transaction, including (if applicable) on the creation of an Agreement to Lease or grant of a Lease.
  17. That each party shall be responsible for their own fees in this case.
  18. That no agreement enforceable at law is created or intended to be created until exchange of contracts has taken place. 
  19. That the disposal is subject to the necessary approvals and consents being obtained.

The land being disposed of is part of lands acquired from M. Waterman in 1975 for housing and open space purposes.

  

Chief Executive