Land issue dispute to cost council €1.35m
‘UNDER-pressure’ South Dublin County Council is set to pay a €1.35m contribution towards a private developer’s costs in a bid to resolve a legal dispute, reverse a land swap, “open up” land to develop social and affordable housing and build a school.
At the July monthly meeting of the council, Jason Frehill, who is Director of Economic, Enterprise and Tourism Development with SDCC put forward the recommendation for approval.
Jason Frehill mentioned during the meeting that the disposal of lands at Cooldrinagh in Lucan and Griffeen school lands are interlinked, and relates back to the “Celtic Tiger”.
“This all goes back to the Celtic Tiger, it goes back to 2006, when SDCC disposed of about 41 acres of land in Balgaddy then, but Clonburris now, to Shelbourne Development Ltd,” Mr Frehill said.
“7.5 acres were disposed of by means of freehold interest to Shelbourne with the other 34 acres dealt with by what’s known as an Agreement to Lease.
“In return, SDCC received approximately 42 acres of land at Cooldrinagh, which at the time we were looking at a park-and-ride facility on those lands.”
As part of the Agreement to Lease deal, Shelbourne was to apply for planning permission and depending on the amount of units, a ‘sum of money’ was to be made available to the local authority.
On top of this, the council would acquire 200 units from Shelbourne Development Ltd and in 2011, the developer was granted planning permission for around 900 units.
However, shortly after, Shelbourne “went into NAMA [National Asset Management Agency] and the entire deal fell apart”.
Since 2013, SDCC have been “taking legal action against Shelbourne Development Ltd to come to a resolution in relation to these lands”.
At present, there is a freehold title partly associated with Shelbourne Development Ltd and the larger portion of land is held up as part of the Agreement to Lease.
Lands in Balgaddy are worth around €6.25m while the Cooldrinagh site is worth “anywhere between” €1.5m and €2.5m.
While there is expected to be around three years left in the legal process, the council has been making efforts to resolve the issue as it has come under pressure to deliver housing projects and a school.
“We are under pressure, huge pressure, to deliver the Griffeen school. We’re also under pressure to deliver social and affordable housing up in Clonburris,” Mr Frehill told the council.
“There has been ongoing efforts over the past few years to try to come to agreement with Shelbourne Development Limited to basically get the 7.5 acres of land back in Clonburris but also then to free up the school so we can actually build this school.”
In May 2022, SDCC got settlement terms with Shelbourne Development Ltd which forms the land exchange and the intention, as part of this agreement, is to reverse the original land swap.
Cooldrinagh lands, which are zoned Higher Amenity, are “heavily constrained” in terms of potential development due to “significant environmental issues” and heavy Irish Water infrastructure.
SDCC is proposing a contribution of €1.35m to Shelbourne Developments Ltd to assist with infrastructure costs at Cooldrinagh lands, design fee costs and “historical legal fees” in relation to the planning application for 900 units.
These works amount to €650,000 for undergrounding works of ESB cables and around €600,000 to increase the height of a cut-stone wall.
This cut-stone wall has been hit “several times”.
These works, according to the council, are required in a bid to bring the land up to scratch for any potential future higher-amenity-type development.
NAMA has retained a charge on these lands to “make sure that these lands go into the right hands” and they have given approval in principle for the potential for this to happen.
The government agency, NAMA, must go through its own process which will be at the end of July and there is ongoing discussion to ensure the green light is given for the lands to be freed of this charge.
This exchange of lands was approved by South Dublin County councillors in the meeting.
