Planning on the grounds of a listed building

GinaH

My Parents are trying to sell a site in order to replace the windows on their listed property. They had a buyer but the conservation officer is refusing a pre planning meeting, see below:

"We have been unable to obtain a pre-planning meeting with the Conservation Officer.
As you are aware, the latest feedback we received from him, via a telephone conversation with the Conservation Architects we engaged, was negative with respect to any further development on the site.
We are currently unable to proceed with the purchase of the site, at this point in time, therefore, and clearly only one option remains now, given the time and expense we have invested in this project, to date.
We are prepared to incur the further considerable expense of the submission of a planning application to the Local Authority, on the basis that we may be able to put forward a persuasive argument, based on our expertise, for the granting of permission for a house, as part of the planning process.
Accordingly, we are suggesting that we reach an agreement with the vendor, that the sale of the site be subject to the granting of said permission"

Do those, in the know, on boards think that my folks could be waiting three months for the buyer to apply and end up with no sale. And even worse, a site that has been refused planning?

Meanwhile, my brother has shown an interest, at a greatly reduced price.
Would he, as family, fare better with the planning?
Any advice appreciated. My folks are in their 80's and cannot live in a draughty house much longer.

Gumbo

A protected structure and its grounds fall under special consideration for any potential development. It doesn't matter if the applicant is the owners son or a mighty developer, the same concerns are raised.

I'm not sure you would get planning for another dwelling in the lands (if that's what you are chasing).
What county council is it?

GinaH

Kildare. There has been a lot of development on the land over the last 25 yrs.

Gumbo

GinaH wrote: »

Kildare. There has been a lot of development on the land over the last 25 yrs.

Ball is in the buyers court. If he doesn't want to buy then you can't force him. There's nothing lost with allowing him apply for planning and in the mean time if another buyer shows interest then he has to decide yes or no.

Sounds like you need a good conservation architect and a pre planning meeting before doing anything though.

GinaH

kceire wrote: »

Sounds like you need a good conservation architect and a pre planning meeting before doing anything though.

In his letter he says they have the architect but the conservation officer is avoiding a pre planning meeting. Guess we will have to let them apply, it takes about 3 months but no other option I suppose.

Gumbo

GinaH wrote: »

In his letter he says they have the architect but the conservation officer is avoiding a pre planning meeting. Guess we will have to let them apply, it takes about 3 months but no other option I suppose.

They will have a decision 8 weeks after lodgement.

GinaH

kceire wrote: »

They will have a decision 8 weeks after lodgement.

Well thats good news, Thanks

EmmetF

kceire wrote: »

They will have a decision 8 weeks after lodgement.

Yes a decision but it's not necessarily finished at this stage.
After 8 weeks you will receive;
a) a straight refusal
b) a request for further information. After you submit this FI, there is another 4 week process (hence the 3 months you have been hearing)
c) a straight grant. Unlikely you'll get this from KCC without an FI request first (unless you put in a very comprehensive planning application like Kerry Group did )

sydthebeat

its highly highly unlikely any application on a protected structure would be decided in 8 weeks.

applications on protected structures typically takes at least 16 weeks if not a lot longer

EmmetF

sydthebeat wrote: »

its highly highly unlikely any application on a protected structure would be decided in 8 weeks.

applications on protected structures typically takes at least 16 weeks if not a lot longer

Could you expand on this a litte more? Aren't councils required to make a decision after 8 weeks and assuming you answer the FI immediately, another decision after an additional 4 weeks? I suppose they could ask for clarification of FI but surely only if your initial response was inadequate.

BryanF

EmmetF wrote: »

Could you expand on this a litte more? Aren't councils required to make a decision after 8 weeks and assuming you answer the FI immediately, another decision after an additional 4 weeks? I suppose they could ask for clarification of FI but surely only if your initial response was inadequate.

I suppose the point is An FI is not always resubmitted in the first week

sydthebeat

EmmetF wrote: »

Could you expand on this a litte more? Aren't councils required to make a decision after 8 weeks and assuming you answer the FI immediately, another decision after an additional 4 weeks? I suppose they could ask for clarification of FI but surely only if your initial response was inadequate.

firstly, i wasnt responding directly to you, if anything i was posting in agreement.

but yes, i am including the time required to gather the information asked for in an FI, so i would view the following as a typical schedule during an application on a protected structure

0 week application submitted
8 week FI requested (can include archaeologists reports, clarification on conservation architects report etc)
8-16 weeks ....... possibly taking this long to gather information........
20 weeks either clarification or decision