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Retention

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  • 19-11-2009 7:23pm
    #1
    Banned (with Prison Access) Posts: 75 ✭✭


    think i spelt the title right lol (mod edit:you didn't, but I fixed it-Mellor)

    anyway i have over an acre which i got planning 6 years ago and built my house .
    i just got approved retention as i built my house in a different place where it was suppose to be

    i want to no will i have any problems with going for retention again as im looking to split the site in two so i can live in a mobile home when i sell my house .

    I'm finding it hard to keep payments on the house and might have a sale but i want to keep this other part of the site .

    is retention for moving the boundary difficult to get


Comments

  • Registered Users Posts: 14,546 ✭✭✭✭Poor Uncle Tom


    You'd be best to have a meeting with the planners to discuss selling your house on part of the overall site.

    If you plan on dividing the site it is not retention you are looking for this time but planning permission for a change of site boundaries from that previously granted.


  • Subscribers Posts: 41,123 ✭✭✭✭sydthebeat


    mrxireland wrote: »
    will i have any problems with going for retintion again as im looking to split the site in two so i can live in a mobile home when i sell my house

    yes
    mrxireland wrote: »
    is retintion for moving the boundary difficult to get

    yes.

    there are lots of issues here.

    1. is there a condition to your planning giving you a time limit in which you must occupy the dwelling?

    2. as the council have already granted you a dwelling in a rural area, its highly unlikely they will grant you another one, based on the reason of having to sell the primary dwelling.

    3.. the original site may not be sufficient to sustain two dwelling.

    4. the original site size may have been an important factor in the reason for the grant of permission in the first place.

    5. retention cant really be granted for a reduction in site boundaries... just because you move a fence doesnt mean the site boundary has moved from a planning point of view

    i would think your only hope is to apply for a reduction in site boundaries now, be granted it.. .and try to sell it subject to FPP... to some local looking to build....


  • Banned (with Prison Access) Posts: 75 ✭✭mrxireland


    sydthebeat wrote: »
    yes



    yes.

    there are lots of issues here.

    1. is there a condition to your planning giving you a time limit in which you must occupy the dwelling?

    2. as the council have already granted you a dwelling in a rural area, its highly unlikely they will grant you another one, based on the reason of having to sell the primary dwelling.

    3.. the original site may not be sufficient to sustain two dwelling.

    4. the original site size may have been an important factor in the reason for the grant of permission in the first place.

    5. retention cant really be granted for a reduction in site boundaries... just because you move a fence doesnt mean the site boundary has moved from a planning point of view

    i would think your only hope is to apply for a reduction in site boundaries now, be granted it.. .and try to sell it subject to FPP... to some local looking to build....



    i dont want to sell it to someone looking to build ,
    there was no conditions in my planning ststing that i should live there for so long
    ive been living in the area for 6 years and im settled there.If i where to sell and clear my debts then the council will have to provide me with somewhere to live ,wouldnt it make sence to let me live in the other part of my site without them having to pay all these costs


  • Subscribers Posts: 41,123 ✭✭✭✭sydthebeat


    mrxireland wrote: »
    i dont want to sell it to someone looking to build ,
    there was no conditions in my planning ststing that i should live there for so long
    ive been living in the area for 6 years and im settled there.If i where to sell and clear my debts then the council will have to provide me with somewhere to live ,wouldnt it make sence to let me live in the other part of my site without them having to pay all these costs

    if you sell there is no restriction as to who you can sell to... you might sell to someone working in a city thus creating long commutes which is one of the main problems the rural guidelines were introduced to prevent. Thats why a housing need to live in the area must be met....

    you financial position will not be taken into account when determining a planning application. If the council deem the site unsuitable, or deem your housing need to have already been met, then they will refuse planning.

    But take toms advise above... go talk to your planner, they maybe favourably disposed....


  • Registered Users Posts: 45,867 ✭✭✭✭muffler


    mrxireland wrote: »
    i want to no will i have any problems with going for retention again as im looking to split the site in two so i can live in a mobile home when i sell my house .

    is retention for moving the boundary difficult to get
    We dont condone or encourage the flaunting of the planning laws. Please read our forum charter before posting here again.


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  • Registered Users Posts: 10,262 ✭✭✭✭Joey the lips


    I have no experience in this area of planning but just a word of caution to the op. If you have a house and sell it to pay your debts unless the law has changed in the last few days or your council is different the council WILL NOT re-house you. They will judge you as having entered this stage of your life on a volentary basis.

    The only way the council will entertain you is if you loose the house back to the bank. In otherwords you need to be declared bankrupt so to speak. I would not advise on this option.

    A possible alternative is to get in lodgers, Sell the house with planning permission as advised or extend the finance on your house.


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