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House on forested land

  • 17-07-2017 3:43pm
    #1
    Registered Users, Registered Users 2 Posts: 29,434 ✭✭✭✭


    I have read up on various websites about forestry and I understand that if a piece of forestry is cleared you have to replant. There is a site for sale that has mature trees (conifer plantation) on it, about a hectare that is being sold - with trees - on the basis that it could be used for a house. Can I ask a couple of questions...

    If the land were cleared in those circumstances would the purchaser have to replant, given they have no other land?

    Would the return on the trees cover the cost of clearing and taking out stumps?

    Thanks for any help.


Comments

  • Registered Users, Registered Users 2 Posts: 29,434 ✭✭✭✭looksee


    I eventually found the answer to one of the questions - that land can only be used for building without replacement if it is for an immediate relative. There does not seem to be any option for anyone else doing it and making a financial payment. So presumably it could be argued that trying to sell it as a building site on Daft is some sort of a scam, or very close.


  • Registered Users, Registered Users 2 Posts: 2,625 ✭✭✭fergus1001


    looksee wrote:
    I eventually found the answer to one of the questions - that land can only be used for building without replacement if it is for an immediate relative. There does not seem to be any option for anyone else doing it and making a financial payment. So presumably it could be argued that trying to sell it as a building site on Daft is some sort of a scam, or very close.

    It is a scam and I would walk away or I would calculate the payback to the forest service and take it off the asking price


  • Registered Users, Registered Users 2 Posts: 8,109 ✭✭✭Oldtree


    Forestry Act 2014.

    Exempted trees
    19. (1) A tree—

    (m) outside a forest—

    (ii) the removal of which is specified in a grant of planning permission,

    Careful now ;)

    Has someone found a loophole in the new forestry law I wonder? A few questions spring to mind.

    Has outline planning permission already been granted, which requires the removal.of the trees?

    Is the site actually part of a forest?

    You would need a professional foresters advice before diving in, to make sure you are safe. No harm talking to the local teagasc forest advisor too.


  • Registered Users, Registered Users 2 Posts: 254 ✭✭Track9


    Law is v clear on re planting obligation .
    One would need a written agreement from seller that they carry out the replanting obligation .If not walk away , the country is full with ruins of houses & nice sites with planning permission . There continues to be a scarcity of people with capital. If you want to live with trees, one can purchase semi matures & re plant around your house . Best Of luck .


  • Registered Users, Registered Users 2 Posts: 29,434 ✭✭✭✭looksee


    No, planning permission has not been granted. I presume it is a forest as it is a solid hectare of planted and now mature trees. I suspect they may have been going to be Christmas trees but were abandoned. Thank you all for your help, I have come to the same conclusion.


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  • Registered Users, Registered Users 2 Posts: 8,109 ✭✭✭Oldtree


    looksee wrote: »
    No, planning permission has not been granted. I presume it is a forest as it is a solid hectare of planted and now mature trees. I suspect they may have been going to be Christmas trees but were abandoned. Thank you all for your help, I have come to the same conclusion.

    Is it just the one hectare of trees?
    Are they very dense, ie unthinned?
    How tall are there?
    Is site being sold subject to a positive planning application?

    If they were going for Christmas trees then there would have beem no grant as that is seen as a short term commercial venture. If so then the forest replant wouldn't be an issue with planning.

    But one thing though, if you did get planning on the site and removed trees, the remaining mature trees could then be subject to windthrow, creating a long term problem for you.

    It may be better to start from scratch and plan your own woodland. It takes time but with careful planning you can have a lovely woodland effect within 10 years, and it would probably be more bio-diverse and aesthetically pleasing than an ex-christmas tree monoculture, not to mention the satisfaction of making it yourself.

    If that were the case then planting whips is far less expensive, and requires much less maintainance/aftercare than semi mature trees. The whips will soon outpace the semi mature trees and have a much better success rate.


  • Registered Users, Registered Users 2 Posts: 29,434 ✭✭✭✭looksee


    If I had been intending to purchase I would have removed all conifers and just left the border of deciduous. I don't want a hectare of conifers, though a lightly wooded area would be great! But yes, I would prefer to do my own planting. Its well down the list of options though, it looks like more trouble than it is worth!


  • Moderators, Society & Culture Moderators Posts: 12,809 Mod ✭✭✭✭blue5000


    looksee wrote: »
    No, planning permission has not been granted. I presume it is a forest as it is a solid hectare of planted and now mature trees. I suspect they may have been going to be Christmas trees but were abandoned. Thank you all for your help, I have come to the same conclusion.

    I reckon it's this, and owner just hoping to cash in now on a site's value. It could still be an option, but do your homework.

    If the seat's wet, sit on yer hat, a cool head is better than a wet ar5e.



  • Registered Users, Registered Users 2 Posts: 29,434 ✭✭✭✭looksee


    No, I have walked away, though I understand a 'young couple' have made an offer on it. I hope they have done their homework!


  • Registered Users, Registered Users 2 Posts: 3,228 ✭✭✭cute geoge


    If there was no forestry grant payed on the land ,I presume you could build if you got planing without any other conditions


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