COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF CLONDALKIN AREA COMMITTEE

Wednesday, December 18, 2019

MOTION NO. 10

MOTION: Councillor Eoin Ó Broin

"A condition of the planning permission granted in 2003 for the Orchard Lodge apartment block in Clondalkin (SD03A/0271) was that there would be a community meeting space (Senior Citizens Centre) provided. Sixteen years later the Community Space has never been fitted out or made accessible to community groups. A recent motion (64199) to the Clondalkin LEA has elicited the following response from SDCC management:

"The Council will continue to engage with the owners of the site and their legal representatives to secure the possession of the unit for the establishment of the community facility.  

Complexities in progressing the lease arrangement on the community facility have led to delay. 

Documentation confirming compliance in relation to building regulations is awaited.

The receipt of this documentation is necessary to allow the transfer of the legal title of the unit to the Council. The Council is making every effort to complete the transfer as soon as possible."

In their verbal response management also indicated that meetings with the SDCC law department to seek a resolution to the matter were pending.

That this area committee calls on management to give a further update on the situation and to clarify if the delay with progressing the matter is on the part of SDCC or the vendor?"

REPORT:

Background:

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. 

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. Since then communication has been ongoing and documentation confirming compliance in relation to building regulations has been sought. The receipt of this documentation is necessary to allow the transfer of the legal title of the unit to the Council. The Council has been in direct contact with Kelland Homes to advance this matter and a commitment has been given that the required report will be delivered shortly. This will then be reviewed by Council Technical staff and Legal Department with the intention of completing the transfer as soon as possible.