COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

South Dublin County Council Crest

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, December 08, 2014

HEADED ITEM NO. 7(d)

Re:              Proposed disposal of site at Killinniny Road, Firhouse to Minister for Education and Skills.

 

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The Department of Education and Skills has approached the Council to identify 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. Various sites have been examined and have been the subject of discussions with the members of the Council and the Department.

Following consideration of the various options it is now proposed to recommend the disposal of a site at Killinniny Road, Firhouse comprising of 1.964 Hectares or thereabouts as shown on Indicative Drawing No. LA/54/14 attached, to accommodate two permanent primary schools.

Following discussions with representatives of the Department of Education and Skills, the above site is in general considered suitable for their purposes, subject to planning permission being obtained.

The Chief Valuer has recommended the following terms for the disposal of the site 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 site at Killinniny Road, Firhouse comprising of an area of 1.964 Hectares or thereabouts as shown on Indicative Drawing No. LA/54/14 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 site to be disposed of is as shown outlined in red on Indicative Drawing No. LA/54/14 having an area of 1.964 Hectares or thereabouts.
  2. That the Department of Education and Skills shall satisfy itself as to the boundaries and extent of the relevant site.
  3. That the capital sum payable to South Dublin County Council shall be in the sum of €785,600 (seven hundred and eighty five thousand six hundred 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 three months (or other date, if agreed) from the date of receipt of the necessary approvals, the purchaser shall submit an application for planning permission.

      (b)   If planning permission deemed suitable to the purchaser is not granted, then any sums paid by the purchaser shall be refunded in full immediately. If planning permission deemed suitable to the purchaser is granted, then the balance of 90% of the purchase price will be paid to the Council within two months from the date of final grant of planning permission.

 Interest at the rate of 12% per annum shall apply to any outstanding amounts.

  1. That the Council shall transfer unencumbered freehold title with vacant possession of the site, subject to Clause 8 hereunder.
  2. That the disposal price is exclusive of all outgoings. That the purchaser shall also be responsible for the payment of all planning levies, costs and connection charges arising in the planning process.
  3. That the sale is subject to a satisfactory site survey by the purchaser 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 at the site and that no undue site remediation works are necessary.
  4. That the Council shall retain a wayleave to access any public services/utilities contained within the subject lands, in particular those shown marked on the attached indicative drawing.
  5. That the purchaser will be required to liaise with the Council to identify an appropriate access and egress route to the site.
  6. That the purchaser shall construct a boundary feature on the site which is to the Council’s satisfaction and in accordance with the Planning and Development and Building Control legislation.
  7. That the purchaser will be responsible for the provision of a permanent public car parking area for a minimum of 15 no. cars on the Council’s retained lands off Killinniny Road which will provide a drop-off area for the schools and public carpark outside school hours.
  8. That no construction shall take place on site until such time as the existing football pitch within the lands to be disposed of has been re-located to the adjacent green area.  The re-location of this pitch to be a matter for the Council.  Consultation with, and agreement on, the timetable for relocation to be agreed between South Dublin County Council and Firhouse Carmel Football Club no later than 30th June 2015.
  9. That each party shall be responsible for their own professional fees in this transaction.
  10. That all outstanding charges, rates and taxes (if any) on the site shall be cleared prior to completion of the transaction.
  11. That the Council shall prepare accurate disposal maps to be attached to the contract and Transfer.
  12. That the Law Agent for the Council shall draft the necessary legal agreements and shall include any terms and conditions appropriate in an agreement of this nature.
  13. That no agreement enforceable at law is created or intended to be created until exchange of contracts has taken place.
  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 1991 for open space and community purposes.

  

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Chief Executive