Wexford Planning Query!

Bluefish

Hi All,
I have a couple of questions I was hoping someone would be able to help me with:

i) I am looking at purchasing derelict property in Wexford that has been granted full planning permission to the current owner for renovation and extention. In applying for the planning permission the current owners confirmed that in accordance with wexford development plan that they would be using the renovated property as there principal private residence. Once the property is sold with the planning permission granted, is the new owner bound to use it as their principal private residence in order to commence the work?

ii) The planning permission has enough time remaining to get the work completed but if the planning was to run out how difficult would it be to get it renewed without changes to plan etc.

iii) If I were to resubmit to have the permission renewed I presume the Wexford County Council will require the owner to use the property as their principal private residence?

Any help on the above would be appreciated

Bluefish

Poor Uncle Tom

Bluefish wrote: »

i) I am looking at purchasing derelict property in Wexford that has been granted full planning permission to the current owner for renovation and extention. In applying for the planning permission the current owners confirmed that in accordance with wexford development plan that they would be using the renovated property as there principal private residence. Once the property is sold with the planning permission granted, is the new owner bound to use it as their principal private residence in order to commence the work?

If the LA put a residency condition on the planning permission, this effectively changes the emphasis of the permission from being in favour of a particular property to being in favour of a particular person or category of person. Clearence will need to be got from the LA that the permission will be valid in the property is under new ownership.

Bluefish wrote: »

ii) The planning permission has enough time remaining to get the work completed but if the planning was to run out how difficult would it be to get it renewed without changes to plan etc.

If the item above can be overcome and If the County Development Plan does not alter the criteria involved between now and when the permission runs out you should be fine.

Bluefish wrote: »

iii) If I were to resubmit to have the permission renewed I presume the Wexford County Council will require the owner to use the property as their principal private residence?

If this is stated in the County Development Plan either at the time of purchase of the property or at the time of the application to the LA.

Bluefish

Tom - I qappreciate the response.

Funnily enough the residency issue is not a condition to the planning permission (there are conditions to the planning but that is not one of them), however the current owners had made the LA aware of their intention to live their as there principal private residence as part of the application communication process.

I presume we are still in the same position?

Poor Uncle Tom

No not really, the current owners are not fulfilling the promises in their paperwork with the LA as they are selling on the property with planning permission.

If, as you say, there is not a residency condition on the property then you are not bound to it, quite literally.

Rowley Birkin QC

Bear in mind that there will be no cast-iron guarantee that a new permission or time extension will be granted if the current grant of permission expires.

Bluefish

If there was works underway when the permission ran out it would probably have a better chance I presume?

However there were objection letters at the initial application stage which would be worrying if we had to re-apply.