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Buying a site with FPP in Rural Area Under Strong Urban Influence

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    #32
    CorkonianBoy
    Registered Users Posts: 31 ✭CorkonianBoy


    Thanks you, Angry Bird.  Very straight-forward response to my original question.


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    #33
    CorkonianBoy
    Registered Users Posts: 31 ✭CorkonianBoy


    Thanks you, Angry Bird.  Very straight-forward response to my original question.


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    #34
    JimmyMW
    Registered Users Posts: 695 ✭✭✭JimmyMW


    CorkonianBoy wrote: »
    Jimmy, if true your scenario would violate both the spirit and intent of the zoning designation, in fact making a mockery of it.  And restricting the ability of the relative from ever getting planning permission may very well be irrelevant if they have no such intent.
    I still argue that either the initial transaction or the planning application, or both, could be considered fraudulent if it is determined that the intent was to circumvent the zoning designation.

    Im afraid not, the scenario I outlined would be in keeping with most of the occupancy clauses I have ever received as a planning conditions.


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    #35
    150Lashes
    Registered Users Posts: 5 ✭150Lashes


    Hi,
    Sorry to open an old thread. My query is along the same lines.
    I have searched the planning docs for a particular site (13/04527) on county Cork website and am confused. This site is in a rural area under strong urban influence. However, none of the 19 planning conditions attached mention anything about local needs. Anyone able to shed any light on whats going on here?
    I've seen some with exemptions due to exceptional circumstances etc but this one says nothing.


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    #36
    JimmyMW
    Registered Users Posts: 695 ✭✭✭JimmyMW


    150Lashes wrote: »
    Hi,
    Sorry to open an old thread. My query is along the same lines.
    I have searched the planning docs for a particular site (13/04527) on county Cork website and am confused. This site is in a rural area under strong urban influence. However, none of the 19 planning conditions attached mention anything about local needs. Anyone able to shed any light on whats going on here?
    I've seen some with exemptions due to exceptional circumstances etc but this one says nothing.

    That particular site was prob outside the RHCZ on the 2009 development plan, therefore would not have a local need attached, however the development plan was revised in 2014 and to the best of my knowledge has included a local need for areas outside the RHCZ. Therefore in short if one was to purchase this site they would need to build the house before the planning would run out in 2020 or if they had to reapply would need to be able to demonstrate a local need. Obviously I only gave a very quick look at that there now so you would need to have that checked out properly if you were looking to purchase the property.


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    #37
    150Lashes
    Registered Users Posts: 5 ✭150Lashes


    Thanks Jimmy,

    Excellent answer.


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    #38
    JimmyMW
    Registered Users Posts: 695 ✭✭✭JimmyMW


    150Lashes wrote: »
    Thanks Jimmy,

    Excellent answer.

    Your welcome, also worth bearing in mind that an extension of the planning may also be possible, but obviously no guarantees


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    #39
    covey09
    Registered Users Posts: 211 ✭✭covey09


    If you don't need a mortgage, id say if it has FPP and you make no changes to the plans it would be a problem IMO


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