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Questions - buying a site with planning permission

  • 03-06-2021 5:09pm
    #1
    Registered Users Posts: 188 ✭✭ cb123


    We're currently looking into building a new home (We tried buying a second hand one, but this market is insane)

    I've been in touch with an EA about a small site (.37 acre) on the outskirts of a town. The site has full planning permission for a 199.5m2 house. Expiring 2026.

    Two questions:

    Firstly, according to the Estate Agent local needs does not apply when the site already has planning permission, his words "Anyone can build there". Is that true?

    Secondly, and this may affect the first question, can we change the plans, reduce the size? We actually like the plans/layout, we'd just change it to a smaller footprint and reduce it by two rooms. We don't a house of that size, we'd be thinking more along the lines of 120m2.

    Any advice would be much appreciated. Thanks.


Comments

  • Registered Users Posts: 10,929 ✭✭✭✭ Calahonda52


    You cannot rely on the EA so good to post here
    Is it fully serviced?
    Check the percolation area if there is one, make sure its not in the next field :)


  • Registered Users Posts: 188 ✭✭ cb123


    You cannot rely on the EA so good to post here
    Is it fully serviced?
    Check the percolation area if there is one, make sure its not in the next field :)

    No, the site isn't fully serviced.

    Plans include a water waste system and percolation/polishing filter. The application states that it will be connected to the water mains.


  • Registered Users Posts: 101 ✭✭ yurtyaherne


    Best thing to do is look up the conditions of the planning permission.

    Normally, if the permission does have a local needs clause it will have a condition with the wording of "The dwelling, once complete, must be occupied by the applicant for a period of x years...." or something to that effect.

    If its on the outskirts of a town, it may be zoned land where locals needs would not apply but sometimes to build in the "environs" of a town can be trickier.


  • Registered Users Posts: 824 ✭✭✭ wildwillow


    Check the planning permission line by line before you do anything. If you don't understand all the conditions then get someone to explain the implications of each condition.

    Being on the outskirts of town may mean that the local needs condition doesn't apply.


  • Registered Users Posts: 188 ✭✭ cb123


    Thanks all, I'll have a good read through the application. Appreciate the advice


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  • Registered Users Posts: 10,929 ✭✭✭✭ Calahonda52


    cb123 wrote: »
    Thanks all, I'll have a good read through the application. Appreciate the advice

    and dont believe a word the ea tells you


  • Registered Users Posts: 5 John2021


    Its called the occupancy clause and it's very rare to have no occupancy clause. You can buy site subject to planning being granted for changes and for occupancy, you are usually ok if site is within 5km of your home address or work but this changes drastically in different Council development plans and requires professional advice. You will also need to re submit planning to make any changes, a visit to pre planning required I'd say.
    AND AS STATED ABOVE DO NOT TAKE EA WORD ON THIS- Check with Local Architect / Engineer to verify occupancy clause and changes you want to make


  • Registered Users Posts: 946 ✭✭✭ iColdFusion


    Also worth checking the online planning application to see if anyone locally objected to it and why.


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