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Local Needs with Meath County Council - Help

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  • 23-05-2020 10:42pm
    #1
    Registered Users Posts: 31


    Hi all, hoping for help.

    Brief background - Family from area going back generations. Family owned land since 1980's. Bought a house in 2007 but have it rented since 2015 for the purpose of pursuing a self build on family land. At pre-planning clinic was told don't meet local needs due to purchase of house. Had involvement of local councillor to no avail. Here is an outline of my argument and email to refute same (XX denotes personal information):

    'I was born and raised in XX. This was my family home from birth. My father was from XX. He built a business in XXemploying hundreds of locals. My mother is from XX.

    I attended Primary school in XX and attended XX School during my secondary education. When I left school I set up a local business on XX employing local people up until XX.

    My own daughter is in the education system in XXsince preschool. She attended XX since the age of 2 (2014) and commenced her primary education at XX in 2016, which she continues to attend.

    In 2007, due to a lack of finances and the sterilisation of the land on XX, I bought a house in XX, primarily for investment to later afford me the opportunity to build a family home on XX. Unfortunately, the recession hit and the house remains in negative equity. The house was rented for periods of time during 2007-2015, but has been rented consistently since then, currently occupied by the same family since 2016.

    The site at XX was purchased by my father in the '80s with the intention of gifting it to his sons to facilitate housing in the local area. My brother XXis living on the same land, having built his house in XX. At this pivotal stage in my life, I need to settle close to my family home. My father passed away leaving my elderly mother alone in the house on XX. She is unwell and relies heavily on me for help and support on a daily basis.

    The Meath County Development plan clearly states:

    'The Sustainable Rural Housing Guidelines outline that Planning Authorities in formulating policies recognise the importance to rural people of family ties and ties to a local area...'

    ' The Planning Authority recognises the interest of persons local to or linked to a rural area, who are not engaged in a significant agricultural or rural resource-related occupation, to live in rural areas. For the purposes of this policy section, persons local to an area are considered to include:

    - Persons who have spent substantial periods of their lives, living in rural areas as members of the established rural community for a period in excess of five years and who do not possess a dwelling or who have not possessed a dwelling in the past in which they have resided or who possess a dwelling in which they do not currently reside'

    - for a period in excess of five years: I was born and raised in XX
    - who possess a dwelling in which they do not currently reside: The property in XXis occupied by tenants

    3.2.3 of the planning guidelines states:

    'Development plans in defining persons considered as constituting those with rural generated housing needs should avoid being so prescriptive as to end up with a very rigid development control system.'

    It goes on to state

    '... assess the merits of each application on a case by case basis within this broad framework of categories. Examples of such illustrative suggestions include:

    Persons who are an intrinsic part of the rural community

    Such persons will normally have spent substantial periods of their lives, living in rural areas as members of the established rural community. Examples would include... people who have lived most of their lives in rural areas and are building their first homes.
    ... who now wish to return to reside near other family members, to work locally, to care for elderly family members...'

    I have not built elsewhere. My intention is to build my first home on my own land on XX and reside there for the rest of my life.

    I believe I have clearly demonstrated my eligibility for local needs and planning permission on the site at XX. My family and I are local XXresidents - I resided, grew up and continue to live in XX, my daughter attends a local school in XX, my elderly sick mother resides in close proximity to the site of land on XX, and the land itself is owned by my family since the '80s. I have gone beyond simply demonstrating my bloodline links to the locality.'

    Guys the only issue they have is that I own a house already which is outside the area I intend to build. I moved back to the family area and am currently renting.

    Has anyone successfully overcome this where they owned another house not in the 'build and family' area?


Comments

  • Moderators, Home & Garden Moderators Posts: 10,140 Mod ✭✭✭✭BryanF


    In my experience As soon as it’s clear you own or have owned a house, You don’t have a housing need. Would you consider building an annex/granny flat on to your mothers house?


  • Registered Users Posts: 31 Caffrey82


    BryanF wrote: »
    In my experience As soon as it’s clear you own or have owned a house, You don’t have a housing need. Would you consider building an annex/granny flat on to your mothers house?

    Thats not an option for us.

    The officer in the planning office advised that the wording is to be interpreted in a way to suggest that owning a house means your local need is null and void, but you can see where I have highlighted the actual working in the meath county development plan that owning a house but not 'currently' living in it gives grounds for a build... Your thoughts?

    Has anyone successfully fought this?


  • Registered Users Posts: 1 mby999


    following . . . wondering how you got on?


  • Registered Users Posts: 404 ✭✭ml100


    I had a similar situation in kildare, applied and was refused, tried to get meetings with planners through architect and county councillor for 18 months, no joy, having spent 8k on the house design etc I decided to apply again, a photocopy of the refused application, different planner, approved, with covid delays, 3 years to get planning, waste of time and money for no reason!


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