Planning Condition

Penelope Petra

Hi All, recently granted planning for a self build. One of the conditions of the planning is that the original entrance into the field must be permanently closed, however, our site is only part of the field and if the existing entrance is closed up the farmer will have no access to the rest of the field. Surely this makes no sense or am I misunderstanding the condition? Thanks in advance!

BryanF

Who prepared the application - what did they have to say?

Penelope Petra

BryanF wrote: »

Who prepared the application - what did they have to say?

Hi Bryan, a family friend who is an engineer prepared it for us but is very laid back and is basically saying "ah sure it'll be grand" but doesn't really seem to know!

Reputable Rog

Penelope Petra wrote: »

Hi All, recently granted planning for a self build. One of the conditions of the planning is that the original entrance into the field must be permanently closed, however, our site is only part of the field and if the existing entrance is closed up the farmer will have no access to the rest of the field. Surely this makes no sense or am I misunderstanding the condition? Thanks in advance!

What was the reason given for this particular condition ?

Gumbo

Read the planners report online. It may have been a roads and traffic condition.

Then decide if you want to appeal to ABP.

Penelope Petra

Reputable Rog wrote: »

What was the reason given for this particular condition ?

It says "In the interest of safety and in the interest of visual amenity"

Dardania

can the farmer access their field via your entrance?

Penelope Petra

Dardania wrote: »

can the farmer access their field via your entrance?

I'm not sure how it would work, would be giving him right of way through our land then? I wouldn't worry about it too much only that he is planning on selling all his land so I want to make sure that we or he won't run into problems when that happens.

Reputable Rog

Penelope Petra wrote: »

It says "In the interest of safety and in the interest of visual amenity"

All you can do is appeal the condition so. if the farmer is intending to sell the rest of the land, let him deal with it.

macgabhs

Who's land is the field entrance on? If it's not your land how can you be conditioned to do works to land you don't own?

Reputable Rog

macgabhs wrote: »

Who's land is the field entrance on? If it's not your land how can you be conditioned to do works to land you don't own?

Could be considered ultra vires. Wonder was there an FI request before the grant?

Penelope Petra

macgabhs wrote: »

Who's land is the field entrance on? If it's not your land how can you be conditioned to do works to land you don't own?

That is a good point, the entrance is not actually part of the site so hard to see how that could be enforced.

Penelope Petra

Reputable Rog wrote: »

Could be considered ultra vires. Wonder was there an FI request before the grant?

There was an FI but no mention of the entrance at all. The condition was put in by the Engineer but there is no mention of it in in Engineering report either.

Angry bird

It's a non enforceable condition if it's outside of the site edged red. It's also a reasonable condition in theory to limit to 1 entrance for a site but someone didn't check exactly what this entailed for this particular planning application. I've a hunch this is going to cause you hassle and delay with the farmer who of course wants his entrance.

Reputable Rog

You can make the case that the condition cannot be complied with and will need a letter from the PA stating the same.
A local councillor on the job could help matters also.

Penelope Petra

Reputable Rog wrote: »

You can make the case that the condition cannot be complied with and will need a letter from the PA stating the same.
A local councillor on the job could help matters also.

Thanks a mill, got onto our local rep today and he thinks it will be fine but will make some enquiries tomorrow.