Question About Planning Permission

DanGlee

Hi,

Apologies if this is in the wrong forum (its closest I could find!)

I have a problem and I'm looking for an answer.

Myself and my missus have just received planning for a site in Kilkenny (delighted) unfortunately the day after I became a statistic in the recession and get made redundant (gutted). So building is not an option anymore. But we are trying to get "site only" mortgage, which is hard.... does anybody know any place that does this (EBS doesn't anyway)

But my main question is...

Now that we have the planning, is this in our name or for the site. The reason being, there was a lot of hassle getting the planning and we figured if we ask the person were buying it off to hold on to it for us for say 6 months before putting it back on the market if I don't get a job by then because the he will have to wait another 16 months for the next people to get planning too. Or is it the case, that he can now go ahead, put it on the market with full planning and we have done all the work effort and cost of getting the planning...

I read the letter I received and there is nothing in it that stipulates either case I mentioned?

Any help, advice much appreciated!

wyndham

The planning goes with the site in general. There are exceptions to this rule but not many, ie for 1 off housing in certain local authority areas, where only locals may build. As you will often see adverts for "site with FPP" or "Ready to go". Your consolation is that it will not be as easy for the vendor to dispose of in TCEC. Could you reach an agreement with him by way of a non-refundable deposit? ie Give him 5k deposit to hold off for 6-9 months or somesuch. Agree the price. If you don't come through, he keeps the money and can sell to whoever he likes.

DanGlee

It is a local who is building and that was part of the planning that we had to show we were from the area.

Somebody did just mention to me that because he's selling the site "subject" to planning that the planning is in our name and that if we pull out then he can't sell the site with the planning as it was soley sought out in our name for us to build the house under the list of conditions the authority had agreed with us to meet?

Not sure about giving him 5k non refundable deposit... no job and the missus due in April... so don't want to be throwing away 5k or so incase I don't get a job for another year in this stupid recession!

Timing is impeccable to lost my job!

I'm not a religious man, but as somebody said last night, the lord giveth and the lord taketh!
Got planning on Tuesday, lost job on Wednesday!...argh!

Victor

Planning permission normally goes with the site, not the applicant. If it is a restricted permission (local needs mostly), then any potential development has to be by a person of the same class.

One quirk is that copyright on the drawings will remain with the designer and or the applicant.