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Meeting of the Dundrum Area Committee Housing

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Meeting of the Dundrum Area Committee Housing MEETING OF THE DUNDRUM AREA COMMITTEE HOUSING, ECONOMIC COMMUNITY AND CULTURAL DEVELOPMENT, PLANNING AND ORGANISATIONAL INNOVATION & INFRASTRUCTURE AND CLIMATE CHANGE ITEM NO. Proposed disposal of site adjacent to “Peach Cottage”, Upper Churchtown Road (leading to Sweetmount Park), Churchtown, Dublin 14. Site at the rear of Dundrum Library known as the former HSE Health Centre and Dispensary and the removal of Restrictive Covenants – Select Vestry of Taney Parish Church Background to proposed Disposal of land In August 2012, the County Council completed the purchase of an area of land measuring 1832.23 sq. metres (Site A on attached Map) to the rear of Dundrum Library, Dundrum, Dublin 14. The Council’s interest in the site is contained in Property Registration Authority Folio No. 216620E. The site was purchased from the Health Service Executive with 2 Restrictive Covenants attached as follows :- 1. Not to build any building on the site other than a dispensary and welfare clinic. 2. A covenant that no building shall exceed 25ft in height. The Council has been negotiating for the removal of these Restrictive Covenants with the Representatives of the Select Vestry of Taney Parish Church for some time. The negotiations have resulted in agreement in principle between the parties for the removal of the Restrictive Covenants subject to the following :- The disposal of a site adjacent to “Peach Cottage”, Upper Churchtown Road (leading to Sweetmount Park), Churchtown, Dublin 14 (Site B on attached Map) to the Select Vestry of Taney Parish Church subject to the formal procedures set out in Section 183 of the Local Government Act, 2001 for it’s incorporation into the Graveyard. The provision by the Council of a foul sewer and water connection to St. Nathi’s Church subject to approval by Irish Water for the provision of toilet facilities on the site. The Council agrees not to create any nuisance and, in particular, not to allow any noise on the site to the rear of the Library during the time of any funeral in the adjoining Graveyard. The payment by the Council of a Cash Contribution towards the cost of professional fees incurred by Taney Parish in connection with the implementation of their plans to provide toilet facilities and to develop a Columbarium that will serve the whole community on the site. Therefore, it is proposed to enter into an agreement with the Representatives of Taney Parish Church & Graveyard for the removal of the restrictive Covenants subject to the conditions set out above. Proposed disposal of site adjacent to “Peach Cottage”, Upper Churchtown Road (leading to Sweetmount Park), Churchtown, Dublin 14. The site adjacent to “Peach Cottage” was acquired by the former Dublin County Council in accordance with the provisions of the Derelict Sites Act, 1961. The Council is the Freehold owner of the site under Property Registration Authority Folio No. 65656F. The relevant Council Service Departments have no objections to this proposed disposal. The Chief Valuer, Dublin City Council was requested to provide valuations for these sites and has advised as follows :- The current market value of Site B on the attached map (site adjacent to “Peach Cottage”) is in the region of € 20,000.00 (twenty thousand euro) assuming that the previous cottage/house could not be reinstated under the current zoning. Site A (site to the rear of Dundrum Library) has a nominal value only with the current restrictions in place. It will have a significantly higher value should the restrictions be removed. Having regard to the valuations as set out above, the Chief Valuer recommended that the disposal should proceed subject to the following terms :- That the Church Body agrees to “lift” all of it’s restrictive covenants on Site A That Dun Laoghaire-Rathdown County Council shall transfer it’s interest in Site B to the Church Body Having regard to the foregoing, it is proposed to dispose of the Council’s interest in an area of land measuring 156.56 sq. metres (known as Site B) as shown outlined in red on Drawing No. PL-19-074 to Taney Parish Select Vestry, c/o Taney Parish Centre, Taney Road, Dundrum, Dublin 14. The following terms and conditions to apply :- 1) That Dun Laoghaire-Rathdown County Council shall transfer it’s interest in Site B to the Church Body 2) Title to be conveyed is Freehold 3) The plot of land to be disposed of measures 156.56 sq. metres as shown on outlined in red on Drawing No. PL-19-074. 4) That the Church Body agrees to “lift” all of it’s restrictive covenants on Site A 5) Each party to be responsible for it’s own legal costs in the transaction 6) That the Council’s Law Agent may amend or add terms to this agreement at Contract stage 7) That the above proposals are subject to the necessary approvals and consents being obtained. 8) No agreement enforceable at law is created or is intended to be created until an exchange of contracts has taken place. If the Committee has no objection in principle to this proposed disposal, a report will then be submitted to a future meeting of the County Council subject to the provision of Section 211 of the Planning and Development Act 2000 and in accordance with the requirements of Section 183 of The Local Government Act 2001. Owners :- Finbarr Murphy, Senior Staff Officer, Property Management Section Austin Baines, Senior Executive Officer, Infrastructure & Climate Change Department.
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