Local Authority 'operational policy'

ruthie23

I have agreed to purchase a site with has planning permission for a nice house. The planning is valid for another 10 months. There is an occupancy condition which states the PROPOSED house can only be used by a person with local housing need in rural area or returning emigrant etc. No work can commence until an enurement agreement is entered with the local authority . Then it goes on to say the enurement condition will be reduced to 7 years when the emigrant returns to the local area.

The local authority has since over the years. changed the wording of this condition on their grant notices . So I assume the wording above caused confusion or may have been flawed .

I contacted the local authority to determine the process of entering into this agreement . I am a returning emigrant and I have an essential housing need in the area. They advised me that a new application would need to be made as they cannot transfer an enurement clause on an undeveloped site . If there was house already on the site then perhaps I could of got a name transfer if they were satisfied that I was one if those ppl - returning emigrant etc

It looks to me that they have one policy even though the wording of this condition has changed over the years . I contacted a local councillor who confirmed this has been the local authority policy since 1999. Is this internal policy available to see. I doubt it as it was probably made up by a planner years ago and followed through by other planners over the years without been challanged.

Is there anything I can do? I really don't want the stress and cost of a full planning application . I feel like the council are doubling up their work assessing a site that has already been assessed when all they have to do check to see if I qualify as a returning emigrant and whether I have a local housing need.

Rant over!! Any advice?

Gumbo

Planning is a legal / statutory process.
If a new planning in your name needs to be done to keep it legal then it's in your interest to do it properly from the start.

cyfac

We were in the same boat bought a site with planning with an occupancy condition went back and got full planning ourselves legally its more straight foward and clearer for all involved

ruthie23

What local authority were you in? I wonder what the legal issues are . Do you remember what the wording on the original condition was

cyfac

ruthie23 wrote: »

What local authority were you in? I wonder what the legal issues are . Do you remember what the wording on the original condition was

Cork CC was my area, the big legal problems can occur if you go to sell prior to the 7 year residency expiring they can insist on you selling only to a qualifing applicant whereas if you recieve planning they give you a letter confirming they wont contest a sale at least they did in our case, wording from original didnt change much remember these are council pen pushers not legal eagles its fairly generic across all councils

ruthie23

The County Council have changed the wording on the grant notices a good few times in the last 5 years . The newer grant noticed are more comprehensive . The one I have states the Proposed house can only be occupied by the applicant OR returning emigrant OR person with local housing need, the applicants family etc. An agreement must be entered pursuant to a. 47 of planning act before development commences . The it goes you on to say the if the applicant approved to the Local Authority that the emigrant has returned to the area the period will be reduced to 7 years.

I am no legal eagle either but I read s.47 and it states the council can enter into an agreement with anybody and the condition is also doesn't restrict it to just the applicant .

The occupancy part is badly written as effectively only the applicant has the lifelong occupancy clause . I viewed some of the enurement agreements on the web and they got around this by saying the applicant is taken to mean all of the above people .

If I signed the enurement agreement then I wouldn't be able to sell it for 7 years . I have no issue with this

I do have an issue that they are using their discretionary power not to let me enter into an agreement . They are effectively creating more work for themselves as all they really need to do is assess my case and then allow me to enter into the first agreement ,

I think thee is no reasoning with them and I will take it to a senator or the minister and asked to review this internal policy !