Please explain "Outlying planning permission"

buck65

Looking at buying a site near Ennis with outlying planning permission. Does this mean I can build there assuming it is a house the council likes? I am from the area.

sydthebeat

I think you will find its "Outline Planning Permission"


This means that the council have accepted the principle of a dwelling on the site, the simply havent made a decision on what type of dwelling.

When outline planning exists, its standard to then apply for "permission consequent" on the grant of outline permission, which shall include house plans. You must apply for and be granted "permission consequent" while the outline permission is still valid. Once "permission consequent" is granted you then have a further 5 years to complete the development.

buck65

Thank you for the reply !

Ok so I buy the site and the council refuse my house plan for some reason, do we have to keep the site or will the council advise what kind of plan they will accept. Basically is my money guaranteed?!

sydthebeat

buck65 wrote: »

Thank you for the reply !

Ok so I buy the site and the council refuse my house plan for some reason, do we have to keep the site or will the council advise what kind of plan they will accept. Basically is my money guaranteed?!

You are guaranteed to get a house on the site.

usually, there are conditions in the outline permission which will stipulate if there are any design restrictions ie ridge heights, style (single storey , dormer etc) finishes etc.

Check the outline conditions.

and it would be advisable to have a pre planning consultation if you feel there is any risk about your house design....

Mellor

buck65 wrote: »

Thank you for the reply !

Ok so I buy the site and the council refuse my house plan for some reason, do we have to keep the site or will the council advise what kind of plan they will accept. Basically is my money guaranteed?!

No your money isn't guaranteed. You buying the site is a private deal between you and the other party. The planning is completely separate. Any arrangements you have regarding grant of planning and final sale is between you and the other party.
As mention, read the conditions and get a pre-planning meeting. That will give you an idea if your proposed house is suitable

brundle

Would an occupancy clause cause problems in a case like this. For example, if the outline was granted to john smith being a local with a genuine housing need, would john smith have to be the applicant in the permission consequent application? I guess he would, therefore any other random person would have to start from scratch with a new planning application even if they are an equally suitable person with a genuine housing need - Would that be right?

sydthebeat

brundle wrote: »

Would an occupancy clause cause problems in a case like this. For example, if the outline was granted to john smith being a local with a genuine housing need, would john smith have to be the applicant in the permission consequent application? I guess he would, therefore any other random person would have to start from scratch with a new planning application even if they are an equally suitable person with a genuine housing need - Would that be right?

generally yes...

although the condition may explicitly state "the applicant, or members of the applicants immediate family"... or something similar.

if someone else applies for 'permission consequent' based on the outline, its highly likely that the application will be refused because that condition cannot be complied with.

Mellor

Just to be clear, for anyone who might misread, that clause must be listed and is not a automatic or given condition

Slig

sydthebeat wrote: »

I think you will find its "Outline Planning Permission"


This means that the council have accepted the principle of a dwelling on the site, the simply havent made a decision on what type of dwelling.

When outline planning exists, its standard to then apply for "permission consequent" on the grant of outline permission, which shall include house plans. You must apply for and be granted "permission consequent" while the outline permission is still valid. Once "permission consequent" is granted you then have a further 5 years to complete the development.

Not meaning to be pedantic but I believe that your 5 years to build the house starts from the date of grant of the Outline planning permission and not the permission consequent. Im not 100% sure but I think it normally states this on the grant of permission consequent so I thought it was worth mentioning.

muffler

Slig wrote: »

Not meaning to be pedantic but I believe that your 5 years to build the house starts from the date of grant of the Outline planning permission and not the permission consequent. Im not 100% sure but I think it normally states this on the grant of permission consequent so I thought it was worth mentioning.

Used to be that way but it changed, as outlined by syd, in the 2006 regs (open to correction on the year).

Definitely 5 years from the date of grant of permission consequent. :cool: