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Purchasing site with planning permission

  • 05-10-2008 10:38am
    #1
    Bill2
    Closed Accounts Posts: 39 ✭


    Hi,

    Not sure if this has been covered before but i have a quick query regarding a site i have my eye on ..

    There is a site for sale close to me which has full planning permission for a bungalow on it, however the original purchasers have pulled out for personal reasons. My query is does this planning permission still stand even though there is a planning condition stating that the original applicants must live in the house for a period of 5 years.(standard local needs also applies) If i purchased this site would i still be able to build on it straight away with the existing permission..??

    Thanks in advance for your help


Comments

  • #2
    sparkyjo
    Closed Accounts Posts: 88 ✭✭sparkyjo


    no i don't think so i think you have to get retention for the planning permission as it depends why the 5 year part was in there to begin with my sis has the same clause but now she can't sell the land as developement land because it dosen't look like anyone else could get permission

    hope that this helps not sure if it is 100 %


  • #3
    muffler
    Registered Users, Registered Users 2 Posts: 46,321 ✭✭✭✭muffler


    If you satisfy the "local needs" rule then it will be a smoother passage. If you purchase the site you will have to show compliance with that condition (through your solicitor). Have you been given the plans that were approved? They are most likely copyright so unless you have come to some arrangement with the previous applicants' architect to use the plans you will have to get new plans and submit another planning application.

    To answer your question in short. The planning permission will be valid for 5 years and whoever takes up the benefit of the permission will have to build the house that was approved and show that they satisfy the conditions pertaining to the local needs issue.


  • #4
    Poor Uncle Tom
    Registered Users, Registered Users 2 Posts: 14,546 ✭✭✭✭Poor Uncle Tom


    The simple rule we use here is:

    Any planning permission relates to a particular site, if there is a residency condition in the permission, then the permission relates to the applicant and not the site entirely.

    This is very broad but I think it conveys the message.


  • #5
    GoneShootin
    Closed Accounts Posts: 8,478 ✭✭✭GoneShootin


    Went through the exact same thing as the OP recently as I've just signed contracts to purchase a site. Through consultation via local politician and local planning authorities we were able to to get that "owner must occupy house for X years" relaxed in such a way the existing planning could be more of less transferred to me - such that it's as if I made the original planning application.


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