COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

South Dublin County Council Crest

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, February 09, 2015

HEADED ITEM NO. 7(b)

The Council at its meeting held on 10th December, 1998 noted the disposal by way of lease for 150 years of a plot of land at the rear of Raheen Cottage, Nangor Road to the respective houseowner Mr. Niall Nolan, for garden purposes only. Minute No C/679/98 refers. This lease has since been completed.

The Lessee, Niall Nolan has since expressed an interest in acquiring the freehold title on this portion of land as he proposes to include this area in a re-development of the overall site in his ownership at this location.

Initially the Lessee had proposed an apartment development for the overall site and terms for the disposal of the Council’s freehold interest in the leased portion of the site based on this proposal were accepted by the Lessee in 2009. However the disposal of the site on these terms was not approved by the members of the Council and the matter had been deferred for consideration to a future meeting pending clarification on some matters relating to the overall development. In the meantime, the Lessee submitted revised plans for a smaller development on the overall site comprising of a total of seven houses in two terraces in a courtyard type arrangement around the existing house known as Raheen Cottage and with the plot leased from the Council retained as open space for the development. The Council offered the applicant revised terms for the disposal of the plot based on the proposed smaller development. At its meeting on 10th January 2011, the Council once again deferred this matter to a future meeting.

Planning permission was subsequently granted in relation to the revised plans above on 7th July 2011 under Planning Reg Ref SD11A/0120. However the development did not proceed at that stage and the applicants Solicitor has recently contacted the Council to re-activate the application.   Due to the passage of time since the previous terms were issued, a current valuation was requested and the Council’s Valuer has recommended revised terms for the disposal of the Council’s freehold interest in the leased plot based on the revised scheme of development for which planning permission was granted in July 2011.

Accordingly, I now recommend that the Council dispose of its freehold interest in an area of land measuring 310 square metres or thereabouts adjacent to Raheen Cottage, Nangor Road, Dublin 22 as shown outlined in red on the attached Drawing No. LA/19/09 to the respective houseowner , Mr. Niall Nolan 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 and which have been accepted by the Lessee:-

  1. That the subject plot was demised to the Applicant for a term of 150 years from the 2nd of June 2004 for a capital premium of €3,810 (£3,000) and a rent of €1.27 (£1) per annum if demanded. The rent is subject to review every five years linked to changes in the Consumer Price Index.
  2. That the Council dispose of the subject plot (as shown outlined in red on Drawing No. LA/19/09) for the consideration of €40,000.00 (forty thousand euro) on the basis that the Council’s lands and the Applicant’s adjoining lands when combined, would facilitate the development of 7 terraced houses as per planning permission granted under planning application Reg Ref SD/11A/0120.
  3. That the Council convey the freehold title in the subject plot to the Applicant.
  4. That the Applicant shall pay any charges (if any) for which they are liable under the relevant statute and shall clear all outstanding rent, rates and taxes (if any) on the property prior to the completion of sale.
  5. That the Applicant incorporates the area into his property and the boundary feature constructed shall be in accordance with the Planning & Development and the Building Control legislation. 
  6. That the Applicant shall pay the Council’s legal fees plus VAT and outlay. 
  7. That the Applicant shall pay the Council’s Valuer fees of €800 (eight hundred euro) plus VAT. 
  8. That the above proposal is subject to satisfactory proof of title. 
  9. That the transaction is completed within 3 months of the date of the Council’s approval of the disposal. 
  10. That the A/Law Agent shall draft the necessary legal agreements and may include further terms and conditions or make such reasonable alterations, additions and modifications thereto as she deems appropriate. 
  11. That no agreement enforceable at law is created or intended to be created until exchange of contracts has taken place.
  12. That the disposal is subject to the necessary approvals and consents being obtained.

The lands to be disposed of form part of lands acquired from Gallagher Group Properties in 1982 for open space purposes.

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Chief Executive