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Ceding land to local authority in planning conditions

  • 13-11-2016 9:06am
    #1
    Holysock
    Registered Users, Registered Users 2 Posts: 184 ✭✭


    Morning Boardsies

    So I was having a look at a grant of permission and noted that one of the conditions stipulated that a highlighted section of the site plan shall be ceded to the local authority before commencement. Nothing appears to have happened to transfer the land to the local authority. The permission was granted under the Local Government (Planning and Development) Act 1963-1999.

    The Department of Housing etc. Development Management Guidelines 2007 states that:

    "Conditions should not be attached to planning permissions requiring land to be ceded to the local authority for road widening or other purposes, nor should conditions require applicants to allow the creation of public rights-of way, other than such access roads as are considered a necessary part of the development, or to agree to transfer part of their land to some third party as, say, the site for a school or a church. Conditions of this sort are not lawful".

    The permission predates these guidelines and the current Planning legislation.

    Has anyone any thoughts on, or experience with, conditions such as this?


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