COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL
MEETING OF CLONDALKIN AREA COMMITTEE
Wednesday, April 18, 2018
MOTION NO. 7
MOTION: Councillor B. Bonner
"That this Committee calls on the Chief Executive to ensure that the firm committment made to the people of Clondalkin that a unit in the Orchard Lodge Apartment complex would be set aside for community use is delieverd upon without delay. That a report on this issue is given to the committee, outlining the reasons why there has been such an inordinate delay in delivering upon this committment, with clear detail on the legal matters which have impeded progress and a plan for overcoming this impediment."
REPORT:
The delay in finalising the legal transfer of the Community facility in the Orchard Lodge Apartment complex has been complicated by a number of legal issues on title. In 2002 the Elected Members approved the disposal by way of lease a site at Orchard Lane Clondalkin to Kelland Homes Ltd. Kelland Homes in line with the Integrated Area Plan for Clondalkin completed a development which comprised of mixed retail, residential units, car parking and a self-contained community facility to be handed over to the Council as conditioned in the approved disposal. The Lease in the names of the owner of Kelland Homes and South Dublin County Council completed in December 2006.
In 2005 discussions took place between the Council and the HSE and agreement was reached that the HSE would lease the unit and provide a Senior Citizens facility. Significant Council resources were expended in reaching agreement with the HSE for their lease of the unit. However in 2009 the HSE advised the Council that it was no longer supporting this project. In tandem during this period the Council was pursing the legal representatives of the owner of Kelland Homes to finalise the lease on the community facility. By 2010 the Council had still not received a draft lease from the Solicitors representing the registered owner of the lease. A draft lease was received by the Council in December 2010 for review. In February 2011 the registered owner of the lease passed away which in turn meant the Leasehold to the Council could not be completed while the legalities in relation to the deceased’s estate were ongoing.
Ownership of the Leasehold folio of the Orchard Lodge Complex transferred in December 2014. Since 2015 the Council has been actively pursuing the Legal Representatives of the new registered owner of the Leasehold Folio to engage with the Council to finalise the lease on the Community facility within the Orchard Lane complex. This matter has been further delayed by the non-engagement of Legal personnel representing the registered owner of Leasehold Folio and changes in personnel within the Solicitors firm acting for the new owner. In November 2017 the Council finally received confirmation from the external firm of Solicitors that they were in fact representing the new owner of the leasehold folio. Extensive correspondence has been exchanged between both parties Legal representatives since then and further issues that need to be addressed in relation to completing the lease on this unit have been brought to the Council's attention, including first registration and transfer of the common areas to an appointed Management Company. In recent weeks significant progress has been made addressing these issues.
At the end of March 2018 a revised draft lease document was received by the Council's Law Agent for review. Following the review a number of queries and clarifications were sought by the Council's Legal Department from the external solicitors and a response is awaited.
The Council is committed to delivering the facility to the local Community in Clondalkin. Instructions have been issued to our Law Department to investigate all possible solutions to obtain possession of the facility in conjunction with the completion of the Lease on the unit.