COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

South Dublin County Council Crest

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, September 22, 2014

HEADED ITEM NO. 7(g)

Proposed disposal of plot of land at Firhouse Road and Killinniny Road Junction to Minister for Education and Skills

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The Department of Education and Skills has approached the Council to identify a number of sites in the Firhouse/Ballycullen area which would be suitable for provision of new primary schools. The sites are required to accommodate two schools which are in temporary accommodation at present. A Council owned site at the junction of Firhouse Road/Killinniny Road has been examined in this context and following discussions with representatives of the Department of Education and Skills, the site is considered suitable for their purposes, subject to planning permission being obtained.

Accordingly, the matter was referred to the Chief Valuer for examination and he has recommended the following terms which he considers to be fair and reasonable and which have been accepted by the applicant.

I recommend therefore that the Council dispose of the plot of land measuring 0.695 hectares or thereabouts at Firhouse Road and Killinniny Road Junction as shown outlined in red on Drawing No. LA/46/14 attached to the Minister for Education and Skillsin 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 Chief Valuer:-

  1. That the subject site is as shown outlined in red on the attached Drawing No. LA/46/14 having an area of 0.695 hectares or thereabouts.
  2. That the Council holds the Fee Simple Interest in the subject site.
  3. That the Minister for Education and Skills shall satisfy herself as to the boundaries and extent of the relevant site.
  4. That the capital sum payable to South Dublin County Council shall be in the sum of €650,000 (six hundred and fifty thousand euro) plus VAT (if applicable) payable as follows:                                                                                  (a)         That 10% of the price is payable on the signing of contracts. Once contracts are signed, which shall take place no later than 3 months (or other date, if agreed) from the date of receipt of the necessary approvals, the applicant shall submit an application for planning permission.                                                                   (b)              If planning permission deemed suitable to the applicant is not granted, then any sums paid by the applicant shall be refunded in full immediately. If planning permission deemed suitable to the applicant is granted, then the balance of 90% of the purchase price will be paid to South Dublin County Council within 2 months from the date of final grant of planning permission.                                                                                                 Interest at the rate of 12% per annum shall apply to any outstanding amounts.
  5. That the Council shall transfer unencumbered freehold title with vacant possession of the site, subject to Clause 8 hereunder.
  6. That the disposal price is exclusive of all outgoings. That the applicant shall also be responsible for the payment of all planning levies, costs and connection charges arising in the planning process.
  7. That the sale is subject to a satisfactory site survey by the applicant and confirmation that the site is not encumbered or sterilised by services (other than those already identified) and that all services for development are available and have sufficient capacity to cater for the proposed school development and that no undue remediation works are necessary.
  8. That the Council shall retain a wayleave to the area shown hatched in yellow on the attached Drawing No. LA/46/14 to access services laid therein.
  9. That the applicant will be required to liaise with the Council to identify an appropriate access and egress route to the site.
  10. That any boundary feature constructed at the site shall be to the Council’s satisfaction and in accordance with the Planning & Development and the Building Control legislation.
  11. That each party shall be responsible for their own professional fees in this matter.
  12. That all outstanding charges, rates and taxes (if any) on the site shall be cleared prior to completion of the transaction.
  13. That the Council’s Law Agent shall draft the necessary legal agreements and shall include any terms and conditions appropriate in an agreement of this nature.
  14. That no agreement enforceable at law is created or intended to be created until exchange of contracts has taken place.
  15. 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.

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Chief Executive