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Planning Permission Dilemma

  • 24-01-2008 2:31pm
    #1
    HURLER
    Closed Accounts Posts: 2 ✭


    Was granted change of house design permission last month on a site where the PP runs out in a couple of month's time. For reasons too complex to go into here it now looks likely that I will not get to own the site before the PP runs out contrary of course to what I had been led to believe. Anyway, I have the option of buying a very similar site adjacent to the one with PP. This does not have PP currently.
    My query is would the planners look more sympathetically on an application on the "new site" if the permission on the old one had expired. I would qualify (I think) on housing need, local need requirement etc. as I know it would be a complete new application but wondered if the fact that I was screwed around make any difference to the planners?
    Another question - could the PP on the original site be extended beyond the 5 years where there is a delay in completion of sale of the site due to a legal dispute. Particularly in this circumstance where I as the eventual purchaser am an innocent party to the dispute.

    Thanks


Comments

  • #2
    sydthebeat
    Subscribers Posts: 42,312 ✭✭✭✭sydthebeat


    Question 1
    The new application will probably be subject to different policies as compared to when the first was granted permission. Policies are always changing in planning, so theres no guarantee that, just because you got planning before you will get it again.

    Question 2.
    There is a facility to extend the duration of the planning application, but the development needs to be significantly commenced. Generally this is considered to be wallplate level. I assume the problem you have is getting finances for the build seeing as the land is no in your name yet. is this the main problem??.
    If you could get it to wallplate you have a chance of extending the permission for a reasonable time as it would take to complete the build. Its a simple one page application to the LA and has a small fee.. i cant remember the particulars but contact your LA on it. From what i remember though, you have to be granted the extension before the date of expiry of the permission.
    it is unlikely though that the council will take 'legal matters' as an excuse to extend the duration, especially if ownership is being contested in court.


  • #3
    HURLER
    Closed Accounts Posts: 2 ✭HURLER


    Syd, thanks for response!
    No! the problem isn't finance at all. Problem is that I have agreed to buy site from Mr A who in turn is buying many acres of land from Mr B. within which is my site. Despite binding contracts being signed they have now fallen out and are going to court to resolve "issues" which are principally around money and it's pretty ugly between them.
    Even though I have the planning for the house I want on the site it looks increasingly unlikely that this will be resolved before expiry of the pp.
    Should I now make the application for the adjoining site and tell planner that I will withdraw this application if the original site issue is resolved before expiry of pp? It's unlikely they would extend the pp on the original site in the circumstances??


  • #4
    sydthebeat
    Subscribers Posts: 42,312 ✭✭✭✭sydthebeat


    have you made Mr B an offer directly for the site? That would seem like the logical step.

    If its a matter of weeks then its unlikely that a planning decision will be made on a new application before expiry of the first permission.

    It's unlikely they would extend the pp on the original site without the dwelling being substantially complete.


  • #5
    [Deleted User]
    Posts: 31,118 ✭✭✭✭ [Deleted User]


    HURLER wrote: »
    Another question - could the PP on the original site be extended beyond the 5 years where there is a delay in completion of sale of the site due to a legal dispute. Particularly in this circumstance where I as the eventual purchaser am an innocent party to the dispute.

    Thanks


    Had a similar experience myself, was granted outline in 1998, followed by full in 2001, unfortunately the legal process (intestate estate) was taking far longer than expected, it expired so had to reapply again in 2005, permission was granted without any problems.
    But my SIL who was in the same situation initially had the second application refused (was granted when she reapplied with a councillor helping her).
    Fron what I can see there are no hard & fast rules on this, you need to speak to the planner.


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