COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL
MEETING OF SOUTH DUBLIN COUNTY COUNCIL
Monday, May 11, 2015
HEADED ITEM NO. H7 (a)
Proposed disposal of site at Tymon North Road, Tallaght, Dublin 24 – adjacent to St Aongus Scout Den
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The Council at its meeting held on 14 July 2014 approved the disposal of a site at Tymon North Road, Tallaght, Dublin 24, adjacent to St. Aongus Scout Den, to the Health Service Executive (HSE) to facilitate the provision of a community nursing unit (CNU). Chief Executive’s Order No. Dev/16A/14 and Minute No. H7b)/0714 refer.
Due to constraints of the site regarding access to services, the HSE now wish to acquire a further adjoining plot of land (0.007 hectares) as outlined in red on attached Drawing No. LA/05/15 which runs adjacent to St Aongus Scout Den premises. It has been further agreed between HSE and St Aongus Scout Den that a shared access arrangement be put in place in respect of this land plot.
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 a further site at Tymon North Road, Tallaght, Dublin 24 as shown outlined in red on Drawing No. LA/05/15 dated February 2015, comprising 0.007 hectares or thereabouts, to the Health Service Executive, HSE Estates, 26-29 Old Kilmainham, Dublin 8.
- That the site to be disposed of is as shown outlined in red on the attached Drawing No. LA/05/15 dated February 2015 comprising 0.007 hectares or thereabouts.
- That the Council hold the Fee Simple Interest in the site.
- That the HSE shall satisfy itself as to the boundaries and extent of the site.
- That the consideration payable to the Council shall be in the sum of €5,600 (five thousand, six hundred euro) plus VAT (if applicable).
- That the site shall be disposed of by way of a licence, to construct an access road, to service both the HSE development and the Scout Den.
On completion of same, the subject plot shall be combined with the adjoining site (outlined in red on attached Drawing No. LR/42/14) which was subject to an approved disposal at Council meeting 14/7/14, Chief Executive Order DEV/16A/14 and Minute H7b)00714 refers and which will be granted 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.
6.That the HSE will be required to grant a formal right of way to the Scout Den over the subject
7. That if planning permission for a development on the adjoining 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 would also reserve the right to terminate the agreement if the HSE chose to appeal a Planning Authority decision.
8. That the subject disposal will be subject to all terms and conditions as agreed for the disposal of the adjoining plot.
9. 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.
10. That each party shall be responsible for their own fees in this case.
11. That the A/Law Agent shall draft the Agreement to Lease and shall include any further terms
deemed appropriate in agreements of this nature.
12. That no agreement enforceable at law is created or intended to be created until exchange of contracts has taken place.
13. 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 Doochary Investments Company in 1974 for the purposes of housing under the Housing Act 1966
Danny McLoughlin
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Chief Executive