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Questions on Planning Permission.

  • 21-07-2011 10:28am
    #1
    john_cappa
    Registered Users, Registered Users 2 Posts: 1,371 ✭✭✭


    Hi,

    1)I hope to apply for palling permission in the near future. I am lucky enough to be from a farming background so have a choice of sites. My question is firstly the field I want planning in is a large field approx 10 acres. Obviously I only require one corner of the field. Does the site have to be fenced off from the rest of the field before i can apply for planning there? What I mean ere do we have to go through a solicitor/council to turn this big field into two fields (one being the site and the rest being the remainder of the field)?

    I am not sure if I am being clear in what I am asking but hope fully someone will understand.

    2) As i understand it there is no tax implications from my father gifting the site to me his son?


    3) I assume him gifting this one site will not have any future implications on his passing over the remainder of the farm in years to come?

    4) If my wife wishes to have her name on the site/house when built but she (we) have to pay CGT on her half of the free site? Can we get around this by simply leaving it in my name? (house in my name, mortgage in joint names?)

    thanking you in advance!


Comments

  • #2
    sinnerboy
    Closed Accounts Posts: 5,433 ✭✭✭sinnerboy


    Questions 2-4 should really be asked in forums dedicated to financial and legal matters. We don't do that here.

    As for Question 1 pick your site - within - site carefully. Seek help from a good professional to assist but here's some simple pointers


    - locating close to existing structures and / or tall planting will lend shelter to your new house
    - at the same time observe the sun-path and avoid excessive over shading of your new house
    - probably obvious but - pick a dry spot !
    - if you don't own the site then either a) you need written permission from the owner or b) the owner must make the application


  • #3
    Poor Uncle Tom
    Registered Users, Registered Users 2 Posts: 14,547 ✭✭✭✭Poor Uncle Tom


    john_cappa wrote: »
    1)....the field I want planning in is a large field approx 10 acres. Obviously I only require one corner of the field. Does the site have to be fenced off from the rest of the field before i can apply for planning there?
    No it doesn't have to be fenced off before making a planning application. It doesn't have to be in your name either, but you will need a letter of consent from the actual owner when you are making an application.
    john_cappa wrote: »
    2) As i understand it there is no tax implications from my father gifting the site to me his son?


    3) I assume him gifting this one site will not have any future implications on his passing over the remainder of the farm in years to come?

    4) If my wife wishes to have her name on the site/house when built but she (we) have to pay CGT on her half of the free site? Can we get around this by simply leaving it in my name? (house in my name, mortgage in joint names?)

    thanking you in advance!
    All questions for your solicitor, I'm afraid.


  • #4
    Mellor
    Registered Users, Registered Users 2 Posts: 40,062 ✭✭✭✭Mellor


    Q1. As above, you can apply with the intention is buy (or receive) the site. A letter from your father saying "if planning is granted, I intend to sell/gift the sift to my son, John Cappa", if longer terms of sourse.


    The questions regarding tax, and ownership are too general to be answered. It really depends on your situation.

    Please, nobody come along, and post that you or your brother, or wife did the same and did/didn't ahve to pay tax or anything else like that. It's agaisnt the charter and may not apply to the OP.


  • #5
    john_cappa
    Registered Users, Registered Users 2 Posts: 1,371 ✭✭✭john_cappa


    Ok thanks chaps.

    May try the other questions in the legal section in order to get some more info though clearly will need to talk to a solicitor.


  • #6
    muffler
    Registered Users, Registered Users 2 Posts: 46,607 ✭✭✭✭muffler


    john_cappa wrote: »
    Ok thanks chaps.

    May try the other questions in the legal section in order to get some more info though clearly will need to talk to a solicitor.
    You will have to talk to your solicitor sooner or later so they will advise you regarding the tax implications.

    Even for a voluntary transfer you will need a valuation so your local auctioneer will also be able to help answer your queries.

    In the meantime you could post your queries in either the Taxation forum or the guys in the Accommodation & Property forum would also have a bit of knowledge regarding these issues.


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