Buying site with planning permission

Aligator Farmer

Hello helpful ones!
I've been reading through this forum with interest, as I'm thinking about moving back to Donegal after being away for more than ten years.
I'm pretty sure I wouldn't get planning permission on the basis of local rights alone, as I don't have any family in the area I'd like to move to.
My question is, if I buy a site with OPP, does the local rights issue still apply?
My other question is, if I buy a site with FPP, even if theres some restriction on it (i.e having to live there for at least five years), what happens when this restrcition ends?
If it came to it, would the same restiction apply to anyone I sold the property to?
Cheers.

RKQ

One for muffler. But I'll make a general comment.

In general both OPP and full Permission will have an occupancy restriction for local need, if its in an area under pressure and set aside for local need only. So yes to your 1st question.

In general if you buy a site with FPP and you match all the requirements of the original appliant, regarding local need - if its an issue, then when the restriction ends, it ends. ( If you have to live in the house for 5 years you can sell it or move out in the 6th year)

Note that permission on a site which is restricted to the local need of the applicant can not be transferred to another person, as technically the permission is for the individual not the site. Can be quite complicated.

Aligator Farmer

Thanks RKQ,
so it sounds like if local needs issues apply to the planning permission, then that permission would not pass on to me, and I'd be getting myself into a whole heap of difficulties.

smashey

You say you're moving back to Donegal. There is an allowance for a returning emmigrant.

Aligator Farmer

Thanks Smashy.
Anybody know where I can read more about these oft maligned regulations?

RKQ

Check out the current County Development Plan, which might be on the Donegal Council web site, in pdf format.

There may be areas of the county where there is no Occupancy Agreement or Local needs policy. These areas would generally have sites with OPP or FPP that would be open to all citizens.

Smashey is correct, those from the area that emmigrated in the past and now wish to return, have strong grounds, reinforced in the national Planning guidelines.

muffler

The 2006 - 2012 County Development Plan can be viewed here. Scroll down to Chapter 5 which relates to housing and click on that to download. You are probably better off having a read through the entire chapter but the relevant parts for your situation are contained in pages 53 - 58 depending on what part of the county you propose to buy a site.

As stated above returning immigrants are given a bit of leeway.

There is also a proposed variation of the plan which can be viewed from the link at the top of the page here.

The occupancy clause (Section 47) isnt a major problem in this county - YET. But I would advise that you talk this point over with your solicitor.

With OPP you will have to show (when applying for full PP) compliance with the requirements of Policies RH2 - RH5 depending on site location.

If you buy a site with full PP then you may still take up the benefit of that PP providing you can demonstrate compliance with the rural housing policies as described above. In other words if you had applied for the planning permission yourself (and the planners were satisfied that you showed roots to the area and a need for a house) and were successful then you are entitled to make use of the PP granted to someone else who complied with the RH policies.

Aligator Farmer

Thanks Muffler.
Some interesting reading.
I suppose its best to find a site we like and than as you say talk it over with the legal people.
Or of course just find a house.
Will get there eventually...