Enurement clause

mmm76

Hi All,
in regard to building a on a site that has an "enurement clause" in the galway county area.What exactly would qualify you under the "housing need" rule??? at the moment, I live in a 3 story house but would like to build a bungalow as it would suit my medical needs.Would a medical condition qualify for a "housing need"?. I am not from the area but have lived here for 15 yrs.

Its confusing as most sites have this clause.
Thanks

mmm76

mmm76 wrote: »

Hi All,
in regard to building a on a site that has an "enurement clause" in the galway county area.What exactly would qualify you under the "housing need" rule??? at the moment, I live in a 3 story house but would like to build a bungalow as it would suit my medical needs.Would a medical condition qualify for a "housing need"?. I am not from the area but have lived here for 15 yrs.

Its confusing as most sites have this clause.
Thanks

What did the council say about it when you asked them?

JoeA3

It typically means that you must substantially prove your long term links / association to the area in question, within a short (~7km) radius of the site.
e.g.
- Born in the area (or at least spent most of your formative life there)
- Family (parents, your childhood home) still living close by
- Attended local schools

It sounds like from what you say that you might not realistically qualify, but the selling agent or a local engineer would tell you one way or the other pretty quickly.

mmm76

I haven't approach the council yet as I was just researching the options.

mmm76

Thanks the reply JoeA3 & DaCor.

The enurement clause comes after the planning is granted.

Planning subject to local needs is harder - as above no one here will be able to tell you.
A local architect or engineer will be able to guide you.

Having a house already will count against you but arguing medical need might cancel that out.
Moving from the city to the county would also be a negative.

Practically I got planning subject to local needs in the last few years - I had no great difficulty but I ticked all the boxes and then some.

mmm76

Deleted User wrote: »

The enurement clause comes after the planning is granted.

Planning subject to local needs is harder - as above no one here will be able to tell you.
A local architect or engineer will be able to guide you.

Having a house already will count against you but arguing medical need might cancel that out.
Moving from the city to the county would also be a negative.

Practically I got planning subject to local needs in the last few years - I had no great difficulty but I ticked all the boxes and then some.

Godo info, Thanks pg633

JoeA3

In Galway county, the planners aren’t bothered (at least when I checked) whether you already own a house or not, so long as you’ve never been granted planning for a house before.

mmm76

JoeA3 wrote: »

In Galway county, the planners aren’t bothered (at least when I checked) whether you already own a house or not, so long as you’ve never been granted planning for a house before.

Thanks JoeA3. Good to know

They do ask about where you live now, who owns it and any previous planning applications. What weight they give each I don't know.
Have you looked at the form yet?
http://www.galway.ie/en/services/planning/downloads/

BarryP

Interesting conversation here...

Having read the application form for the Housing Need, there appears to be a serious weighting on why the applicant actually needs to live in the chosen area. It doesn't seem to be sufficient to say that there is a desire to live there and that the applicant has a housing need (as in, the applicant is renting and wants a house of their own).

Would people agree with me in this regard and if so, it appears that the only acceptable reason for Housing Needs to be granted is if there are exceptionally strong connections to the area other than a desire to live there.

Im hoping someone will challenge me on this.....

JoeA3

BarryP wrote: »

Interesting conversation here...

Having read the application form for the Housing Need, there appears to be a serious weighting on why the applicant actually needs to live in the chosen area. It doesn't seem to be sufficient to say that there is a desire to live there and that the applicant has a housing need (as in, the applicant is renting and wants a house of their own).

Would people agree with me in this regard and if so, it appears that the only acceptable reason for Housing Needs to be granted is if there are exceptionally strong connections to the area other than a desire to live there.

Im hoping someone will challenge me on this.....

Yes I’m afraid it’s much more weighted towards your long term intrinsic connections to the area. In my case I was advised that the 2 most important documents were my birth certificate and the land folio of my parents home - these 2 tied together prove my links. Supporting docs then such as letters from schools will help also.

Your current desires/circumstances are way down the list. E.g. I also provided proof that I work locally and my child will attend the local school but I don’t think much weight is put on that info.