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(e)

Proposed exchange of lands at Kilcarberry Avenue/Nangor Rd.,Clondalkin, Dublin 22 – SDCC and William, Neil & William J. Durkan /Durkan New Homes.

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Discussions have been ongoing for some time between South Dublin County Council and Messrs. William, Neil & William J. Durkan /Durkan New Homes, 1st Floor, Linden Court, The Plaza, Stillorgan, Co. Dublin on a proposed land exchange at Kilcarberry Avenue/Nangor Road to regularise land ownerships at this location and to facilitate development on part of the lands in the near future.

The matter was referred to the Council’s Chief Valuer for consideration and he has recommended the terms as set out hereunder, which he considers to be fair and reasonable and which have been accepted by the Applicants.

Accordingly, I recommend that the Council enters into an exchange of lands (as shown marked on the attached Indicative Drawings, Maps 1 & 2) with Messrs. William, Neil & William J. Durkan /Durkan New Homes, 1st Floor, Linden Court, The Plaza, Stillorgan, Co. Dublin in 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 Council’s Valuer:-

  1. That the Applicants transfer the unencumbered freehold title with vacant possession in plots at Nangor Road, Clondalkin as labelled A and E on the attached Indicative Drawing, Map 1, including the road bed areas (shown coloured blue). The Applicants will also formally relinquish any claim to possessory title to the lands shown coloured yellow on attached Indicative Drawing, Map 1. The total area excluding road beds to be transferred is 1.05 acres, which shall be for no monetary consideration.
  1. That in exchange for lands set out on Indicative Drawing, Map 1 above, the Council will transfer the unencumbered freehold title with vacant possession of 1.05 acres at Kilcarberry Avenue, Clondalkin (shown on Indicative Drawing, Map 2) i.e. plot E comprising 0.71 acres and 0.34 acres of plot E1 (formal map delineating the areas to be prepared), for no monetary consideration.
  1. That the Council will dispose of the additional lands at Kilcarberry Avenue indicated on Indicative Drawing, Map 2, comprising of the remainder of plot E1 together with plots B, C and D with a combined area of 2.08 acres for a consideration of €575,000 (five hundred and seventy five thousand euro). The consideration can be apportioned if a smaller area is required by the Applicants. The transactions at conditions Nos 1-3 shall require a contract to be signed no later than 2 months from the date of approval by the members of the Council, and completion of the transaction 4 months after this date. Interest at the rate of 12% per annum shall apply to any outstanding amounts.
  2. That the Applicants (and their successors) will be required to commit by positive covenant (or equivalent) to build an access road (to include all services) to serve the lands on attached Indicative Drawing, Map 2, plus the Council’s adjoining retained lands. The final location and specification of the road and services is to be agreed with the Council Engineers. Title to the entire road, whether built in one or more stages (and to the services), shall pass to, or be retained by the Council, when it is taken in charge. The Applicants shall be responsible for erecting appropriate boundary features with the Council’s retained lands, subject to planning permission.
  3. That in recognition of the level of works to be carried out by the Applicants under condition No. 4 above, the Council shall remit €50,000 (fifty thousand euro) of the consideration at 3 above, to the Applicants upon the satisfactory completion of the road, services and boundary works.
  1. That each party shall be responsible for their own professional fees.
  1. That each party shall be responsible for their own VAT, Stamp Duty or other costs arising.
  1. That accurate maps of the areas to be exchanged shall be prepared for attaching to the contract /Deed of Transfer.
  1. That the Law Agent may insert other terms and conditions in the conveyance, in agreement with the Applicants’ Solicitors, to give effect to the implementation of the principal heads of agreement above.
  2. That no contract enforceable at Law is created or intended to be created until such time as contracts have been exchanged.
  3. That the proposed exchange is subject to the necessary approvals and consents being obtained.
  4. That the above proposal is subject to satisfactory proof of title.

                                    

The lands being disposed of form part of the lands acquired from Kilcarberry Limited in 1983 for open space, housing and road purposes.

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Chief Executive