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Moving a planning application

  • 11-12-2016 10:45pm
    #1
    Registered Users, Registered Users 2 Posts: 14


    Hi, hope someone can help me here please.

    I have planning permission for a house and a garage. I built the garage and am currently living in the garage, I didn't lodge a commencement notice.

    Unfortunately I have to move closer to the home place on doctors advice. So I need to get a second planning permission beside my home place.

    Has anyone any experience with anything like this and can tell me what way to go about it?


Comments

  • Moderators, Society & Culture Moderators Posts: 40,361 Mod ✭✭✭✭Gumbo


    Broom16 wrote: »
    Hi, hope someone can help me here please.

    I have planning permission for a house and a garage. I built the garage and am currently living in the garage, I didn't lodge a commencement notice.

    Unfortunately I have to move closer to the home place on doctors advice. So I need to get a second planning permission beside my home place.

    Has anyone any experience with anything like this and can tell me what way to go about it?

    Stop living in the shed.
    Apply for planning permission again on the new site.

    You cannot "move" a planning application.


  • Registered Users, Registered Users 2 Posts: 14 Broom16


    kceire wrote: »
    Stop living in the shed.
    Apply for planning permission again on the new site.

    You cannot "move" a planning application.

    It's not as simple as that,


  • Closed Accounts Posts: 808 ✭✭✭Angry bird


    how far is the house with pp, and how far do you need it to be, from where the home place is? Are we talking same field or half a mile?


  • Registered Users, Registered Users 2 Posts: 14 Broom16


    Angry bird wrote: »
    how far is the house with pp, and how far do you need it to be, from where the home place is? Are we talking same field or half a mile?

    6km between the home place and the site with planning. I can get a site right next door to the home place


  • Registered Users, Registered Users 2 Posts: 3,725 ✭✭✭Metric Tensor


    That's a new planning application and permission.

    You can't move a planning permission like that. It is permission to build a specific type of structure in a specific location.

    So you need to apply for planning permission in your new location. It will have no connection whatsoever to your existing PP - unless of course you were granted your "current" PP based on some sort of local/rural housing need - in which case you will need to prove with your new application why you need to live in the new location.


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  • Registered Users, Registered Users 2 Posts: 14 Broom16


    That's a new planning application and permission.

    You can't move a planning permission like that. It is permission to build a specific type of structure in a specific location.

    So you need to apply for planning permission in your new location. It will have no connection whatsoever to your existing PP - unless of course you were granted your "current" PP based on some sort of local/rural housing need - in which case you will need to prove with your new application why you need to live in the new location.



    But the council will have a condition something like, grant the new one on the condition you don't build the other one and knock the garage and that one will be cancelled???

    Does it make a difference I didn't put in a commencement notice for the garage.

    If you don't mind me asking what experience have you on this and what county you in?


  • Registered Users, Registered Users 2 Posts: 3,725 ✭✭✭Metric Tensor


    Broom16 wrote: »
    But the council will have a condition something like, grant the new one on the condition you don't build the other one and knock the garage and that one will be cancelled???

    You can't "cancel" a planning permission. Particularly one 4 miles up the road. The council can make someone knock an unauthorised development - which it sounds like you have.

    In certain circumstances decisions could affect a previous planning on the same or adjacent site.

    Having said all that there's nothing to stop you writing a legal undertaking not to build the "current" planning permission and submit this undertaking with the new application. It might make sense if you are relying on a local needs clause.

    Does it make a difference I didn't put in a commencement notice for the garage.
    I have no idea if it will affect a potential planning application 4 miles up the road. It very much depends on what local needs case you are putting forward in your new application.

    It makes a difference to the "current" planning permission but not as much as you living in the garage.

    If you don't mind me asking what experience have you on this and what county you in?
    I don't mind you asking but considering you are getting free advice on an anonymous internet forum I'd recommend you assume that I have no experience at all and that my advice is worth the paper it's written on (i.e. none). You really need to go to a local agent and explain what you want to them and they will guide you in the right direction.


  • Closed Accounts Posts: 808 ✭✭✭Angry bird


    Seems to me that you will need to present medical evidence as to why you now need to build closer to home. The problem with building the garage and that you're living in it, is that it is not authorised for residential use. You will also have to decide whether you're going to fess up to the Council about this or hope they don't find out. Not to mention what you're going to do with the existing site. Advisable to hire someone who knows what they're doing to sort this out.


  • Moderators, Home & Garden Moderators Posts: 10,146 Mod ✭✭✭✭BryanF


    kceire wrote: »
    Stop living in the shed.
    Apply for planning permission again on the new site.

    You cannot "move" a planning application.
    Broom16 wrote: »
    It's not as simple as that,

    To the letter of the law, its that simple.

    Best to seek planning advise from a local professional.


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