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Change of Use

  • 10-02-2014 11:25pm
    #1
    Banned (with Prison Access) Posts: 400 ✭✭


    Hi
    We am considering buying a small retail unit that was previously a cafe but which my other half would like to use as a creche. The planning for the original was granted in 2010 and one of the conditions stated at the time was that the unit would have to be used as a cafe for at least 5 years. As we would like to use it as a creche if we buy, would we be tied to the previous planning conditions or what would we have to do? We really are not sure about planning/fire cert etc.
    Regards


Comments

  • Banned (with Prison Access) Posts: 1,288 ✭✭✭sawdoubters




  • Moderators, Home & Garden Moderators Posts: 10,146 Mod ✭✭✭✭BryanF


    ruskin wrote: »
    Hi
    We am considering buying a small retail unit that was previously a cafe but which my other half would like to use as a creche. The planning for the original was granted in 2010 and one of the conditions stated at the time was that the unit would have to be used as a cafe for at least 5 years. As we would like to use it as a creche if we buy, would we be tied to the previous planning conditions or what would we have to do? We really are not sure about planning/fire cert etc.
    Regards
    you would seriously want to read up on the requirements of a childcare facility, trust me I've designed a few and there's a lot to it. even on a green field site
    http://dccc.purposemakers.net/wp-content/uploads/2009/12/We-Like-This-Place-Best-Practice-in-Design-of-Childcare-Facilities.pdf

    you need to approach the the local planning dept & seek advice on site suitability. I assume you have an external area that's is not overlooked?

    Assuming the above is positive, you need to employ an architect, apply for planning, fire cert & DAC then get hiqa involved.

    Best of luck I hope your business plan is sound and you have plenty of start up capital.
    +1


  • Banned (with Prison Access) Posts: 400 ✭✭ruskin


    Thanks guys, but I suppose my initial question before we buy at this stage still revolves around the original planning conditions for the cafe where it said something to the effect that the unit must be used as a cafe for at least 5 years. How does this condition effect us, as potential new buyers of the property?


  • Moderators, Home & Garden Moderators Posts: 10,146 Mod ✭✭✭✭BryanF


    ruskin wrote: »
    Thanks guys, but I suppose my initial question before we buy at this stage still revolves around the original planning conditions for the cafe where it said something to the effect that the unit must be used as a cafe for at least 5 years. How does this condition effect us, as potential new buyers of the property?
    what is the current use?

    best to get an architect /planning consultant to advise as it sound like you need more help than can be given on a forum


  • Banned (with Prison Access) Posts: 400 ✭✭ruskin


    I suppose my question generally without getting too specific is that if you were looking to purchase a property that had planning permission previously granted on it with conditions (like it would have to be used as such and such for 5 years), would you, as a prospective new buyer be tied to the conditions of the old planning application?


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  • Moderators, Home & Garden Moderators Posts: 10,146 Mod ✭✭✭✭BryanF


    ruskin wrote: »
    as a prospective new buyer be tied to the conditions of the old planning application?
    the building in its current use (assuming no enforcement order exists etc) is whatever it is -no action required

    if you wish to develop the building as per the granted planning permission then you need to abide by the conditions of that planning.

    you can always apply for a fresh planning to suit your needs, but i would not purchase until that was sorted.


  • Banned (with Prison Access) Posts: 400 ✭✭ruskin


    I guess we are in a pickle- we want to purchase the unit, but only if we can change the use- can we apply for planning for a change of use when we don't own the unit? Looks like we'll need a professional


  • Moderators, Home & Garden Moderators Posts: 10,146 Mod ✭✭✭✭BryanF


    ruskin wrote: »
    I guess we are in a pickle
    no
    - we want to purchase the unit, but only if we can change the use- can we apply for planning for a change of use when we don't own the unit?
    yes with the owners permission
    Looks like we'll need a professional
    yes


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