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Sterilization of Landholdings

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  • 16-07-2014 4:14pm
    #1
    Hollybird1
    Registered Users Posts: 1 ✭


    Hello,

    This is my first post, so I hope I am doing it correctly.

    What I am looking for is information in relation to the condition of sterilizing of land. We only have road frontage for about 4 or 5 houses. At the moment I am the only child who wants to build, but its likely that my younger siblings might want to build a few years down the line - a max of 3 houses. I spoke with a planning advisor last week and the Sterilization of Landholdings was mentioned. Does anybody know of a loop hole to get out of it - I dont want to build and take away the chances of my siblings ever being able to live on the home place.

    Would really appreciate any advice.

    H
    Tagged:


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    #2
    BryanF
    Moderators, Home & Garden Moderators Posts: 10,140 Mod ✭✭✭✭BryanF


    sorry we don't deal in loop-holes:)

    Go back to the planning adviser and tell them to broach the topic with the local authority. Also ask what the sterilizing time frame will be. It might only be 7years.


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    #3
    conorh91
    Registered Users Posts: 3,328 ✭✭✭conorh91


    There have been cases where planning permission was granted by An Bórd Pleanála despite a sterilization agreement in place.

    The sterilisation is then negated and cannot be enforced after planning permission has been granted.

    The only person who can advise you in respect of the s.47 condition attaching to your land is a competent solicitor having regard to the particular agreement that is in place. It's not impossible to get out of it but it's a big ask.


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    #4
    mal_1
    Registered Users Posts: 163 ✭✭mal_1


    conorh91 wrote: »
    There have been cases where planning permission was granted by An Bórd Pleanála despite a sterilization agreement in place.

    The sterilisation is then negated and cannot be enforced after planning permission has been granted.

    Without hijacking this thread, I wonder could anyone direct me to any particular cases where ABP have granted an application, overturning a local authority decision on a sterilisation agreement.

    Have been searching for these for a while, and interested to see the circumstances & arguments.

    By PM would be great,


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    #5
    conorh91
    Registered Users Posts: 3,328 ✭✭✭conorh91


    Factors like the changing character of the area vis a vis local development, or the capacity for land currently subject to sterilisation agreements to generate future employment are likely to be factors to which the Bórd is receptive.

    I have never heard of the Bórd granting a landowner's appeal where the purpose of the sterilization agreement had, or has, absolutely no tangible benefits to the public, and where a landowner wishes to develop a private property for his family member. However, it is far from being beyond the realms of possibility. That possibility is particularly stark especially in light of the Supreme Court decision in Ashbourne, but again, I'm not aware of a specific instance.

    Anyway, the Bórd's decision-making processes are so haphazard and unreliable that I'm not sure what value any particular case would be in the future. It's all a bit of a mess.


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