Council purchasing house with incorrect planning permission.

Bud_info

Hi Folks

Can a county council purchase a house in an estate where the house in question does not have correct planning permission ?

Do they need to go through the same retention process as the general public?

Thanks

Victor

There is no particular problem with them buying it.

If they intend using the house for for a non-residential purpose, they may go through a Part 8-type planning permission, which has a modified procedure compared to a normal planning application.

If they intend using the house for a residential purpose, they may insist the vendor obtain planning permission. If hte vendor doesn't I'm not sure what the procedure would be.

Bud_info

Thanks for the reply Victor.

The council are in the process of purchasing a house for Social purposes, which is fine. However the house in question does not have proper planning permission.

The council are pushing through a retention application for the house in private and not visible to the public. An initial application was removed from their website the retention application and site notice were removed. Therefore not allowing the public an opportunity to view the application and make an objection if there was an issue with the development.

Do all planning applications have to the available to the public for viewing ?

Victor

Bud_info wrote: »

Do all planning applications have to the available to the public for viewing ?

Yes.

Bud_info

Victor wrote: »

Yes.

Thanks again Victor.

Our man in Havana

It is a bit odd to have the council as judge in it's own application.

loremolis

Bud_info wrote: »

Thanks for the reply Victor.

The council are in the process of purchasing a house for Social purposes, which is fine. However the house in question does not have proper planning permission.

The council are pushing through a retention application for the house in private and not visible to the public. An initial application was removed from their website the retention application and site notice were removed. Therefore not allowing the public an opportunity to view the application and make an objection if there was an issue with the development.

Do all planning applications have to the available to the public for viewing ?

Do you have reference number? I'd like to see that.

loremolis

Our man in Havana wrote: »

It is a bit odd to have the council as judge in it's own application.

You mean a Part 8?

Our man in Havana

Yes.

Bud_info

loremolis wrote: »

Do you have reference number? I'd like to see that.

There is no reference number.
Do you think a council cant do as i have described above?

I thought a property could not be sold unless it has proper planning permission? Or is it a case that most banks wont give a mortgage for a house where the planning is not in order ?

We have been informed from the architects representing the agent selling the houses to the council that the planning permissions are pending. However there is no record available.

Can councils do as they like or is there requirements they must follow in this type of situation?


Thanks for any info. Just trying to understand what their obligations might be.

Our man in Havana

I thought a property could not be sold unless it has proper planning permission? Or is it a case that most banks wont give a mortgage for a house where the planning is not in order ?
Yes you can buy a house with no planning, but no bank would lend you money to do so.

Bud_info

Our man in Havana wrote: »

I thought a property could not be sold unless it has proper planning permission? Or is it a case that most banks wont give a mortgage for a house where the planning is not in order ?
Yes you can buy a house with no planning, but no bank would lend you money to do so.

So a council would be able to purchase a house regardless of planning permission.

So what is part 8 ?

loremolis

Our man in Havana wrote: »

Yes.

Not only are the council adjudicating on their own application in a Part 8, there is no way for an interested party to appeal the decision anywhere.

Our man in Havana

Not even to ABP?

loremolis

Our man in Havana wrote: »

Not even to ABP?

No.

Our man in Havana

Limerick City say this about part 8

Part 8 planning applications are applications made by a Local Authority to the Elected Members of the Local Authority for works such as road projects. The planning application must be made in accordance with Part 8 of the Planning & Development Regulations 2001 (As Amended). For development proposed by, on behalf of or in partnership with the Planning Authority, a F8 - Development Proposed by, on Behalf of or in Partnership with the Planning Authority (189 Kb) must be submitted to the Planning & Economic Development Department, Limerick City Council, 1st Floor City Hall, Merchants Quay, Limerick or alternatively emailed to plandev@limerickcity.ie.

A site notice must be erected on the subject site and submissions from prescribed bodies and the public may be received during a six week public consultation period.

Following consideration of the submissions received, the Manager presents a report to the elected members of the Local Authority for the approval of the scheme. The Elected Members decide as they consider appropriate, that the proposed development be carried out, with or without variations or modifications, or decide it will not be carried out.

So there should be a site notice and a chance to complain.

loremolis

Our man in Havana wrote: »

Limerick City say this about part 8



So there should be a site notice and a chance to complain.

There is a site notice and a defined period to make a submission/objection.

I assume that because the 'permission' must be approved by the electred members, that over rules the need for an appeal process. After all elected members woudn't make a mistake, would they?