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Building permission on the development open space area

  • 03-02-2023 11:16am
    #1
    spupazza
    Registered Users, Registered Users 2 Posts: 322 ✭✭


    Hi, I'm looking to buy a plot of land designated as 'residential' on the map from the respective county council.

    The area is a part of the development of houses built 25 years ago approx, and that area was designated as 'open space area' on which the playground should have been built (I don't think it ever was).

    In 2008 a very little piece (5% approx of that open space area) of this 'open space area' was sold to somebody who then applied to build a new house.

    The application was refused on the basis that it was part of that designated 'open space area' in the original development application from 1998.

    Now, this small plot of land is wall-fenced and extends the garden of the confining house (so it's not used as open space area being fenced as private property).

    Now I'm a bit puzzled and I was hoping somebody could answer some of the following questions:

    1-If the area was originally designated as 'open space area' was is it zoned as residential? Normally once a new estate is developed, the open space areas are designated as such in the zoning map.

    2-If it is an open space area, why is a private selling it? You must forgive my ignorance on the matter, but I assumed that designated open space areas as such were public?

    3-Following on the question number 2: if the area is designated as 'open space area' why a (small) part of it could be sold and fenced to extend the private garden of the confining house? Would that preclude its use as 'open space'?

    4-If I buy it is there any hope I could build a house on it (if anybody experienced or has heard of a similar case)?



Comments

  • #2
    muffler
    Registered Users, Registered Users 2 Posts: 46,555 ✭✭✭✭muffler


    You more or less answered your own question when alluding to another person who purchased a small bit of the open space and was refused permission. What makes you think that you will be in with a chance of getting permission now?

    The open space doesnt have to specifically referred to or zoned as residential given that it forms part of the overall development. That overall development however would be in an area zoned as residential. This open space is actually part and parcel of the original permission granted for the estate. The developer is responsible for the upkeep and maintenance of this area together with the provision and maintenance of all common services (roads, footpaths, sewers, water etc) unless the local council take it in charge. For any council to grant permission for further development in such an area would be illegal as it would be in breach of the original permission for the estate.

    To answer your specific questions.

    1. Its part of the approved overall development so does not need individual zoning.
    2. The owner/developer cant legally sell it but most councils couldnt really care less unless it is brought to their attention by way of a report made claiming the breach of the original permission. People/householders in the estate should be trying to prevent this imo.
    3. As above ... unless the matter is officially reported then the council just dont want to know. As you said there was a planning application made for this smaller plot of ground and even though the council refused it did they take any further action?
    4. First of all I couldnt see you getting planning so best to look elsewhere.

    In saying all that we all know that worse things than that have happened (been allowed) around the country so at the end of the day it would be a big big chance to take.



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