COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF CLONDALKIN AREA COMMITTEE

Wednesday, February 17, 2016

HEADED ITEM NO. 21

HEADED ITEM: E. Development, Enterprise and Tourism

Update report in respect of disposal at Foxdene, Balgaddy

REPORT:

As members will be aware this matter has been the subject of previous reports to O & P & F and this Committee. At the November meeting of the Clondalkin Area Committee it was agreed that legal advice be sought. The A/Law Agent has provided this advice and same is attached. Please note that the advice is based on circumstances prevailing to this disposal case only.

In summary the A/Law Agent has advised, “…there appears to be no situation envisaged where a valid disposal resolution exists which resulted in a Contract issuing in respect of the disposal of a property, the subject of the Disposal Resolution, where both parties have sealed and exchanged the contract, that the transaction would not proceed”.  In relation to the possibility of the members passing a resolution directing that the disposal not proceed her advice is that “…such a resolution…would result in a direction to the Chief Executive that amounts to an unlawful act which would expose the Council to substantial legal costs….” It is clearly stated in the advice that “…there are no circumstances which the Council can rely on not to proceed with this transaction”.

 

Members will also note that the A/Law Agent has recommended and requested confirmation that it is in order to complete the transaction "without further delay". In view of the advice it is proposed to instruct the Law Agent to complete the transaction following this report to the Area Meeting.