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local need for rural planning permission query

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  • 16-05-2021 9:55pm
    #1
    Registered Users Posts: 11


    Hi
    My wife and I are currently living in the US and plan to retire home to Ireland in a few years. My sister-in-law has offered to give us a site on the family farm (which she and her husband now own). Full planning permission was granted 15 years ago for a house for her brother, but he passed away before it was built so it's long expired.
    The question is whether we'd meet the local need requirement for a new build on the site. We're both originally from the area, my elderly parents are also in the area and will need care in the years ahead.
    Any thoughts on this as I'm not sure how strict the criteria is (this is County Kerry btw)?
    Thanks in advance!


Comments

  • Registered Users Posts: 11 danny28ryan


    Hi there.

    Was in 2005 when I had this issue. My Dad gave me a site on his land. He and my mum were originally from the area (Co. Tipp) but had lived in the UK for 40+ years. Dad still had the old family house which he had inherited from his Father but they only used it maybe 12 weeks of the year.
    I had to prove local need and had to write a statement to highlight my need.
    I obviously put the fact that my parent's were born here, had a house here and farming land.
    I had Uncles and Aunts on both sides and numerous first cousins living very locally. One of my Aunt's had a pub in the village. Whatever you can add to improve your chances put down.
    I think you and your wife have a far better chance of getting permission because of your birth and the fact planning had been granted previously.
    I wish you good luck in it all. One thing I was told with living in the country is that you are never finished with your house. There's always another job to do. I can confirm this is definitely true even in a bungalow. I have dreams about cutting laws and painting fences😂


  • Registered Users Posts: 11 ploughna


    Appreciate the quick feedback and advice - and good point on the maintenance aspect!
    If anyone else would like to chime in, I was also wondering where can we go to get the best advice? Should I talk to the planning office, or better to get an independent view, say from an architect that has experience in the local area?


  • Registered Users Posts: 45,843 ✭✭✭✭muffler


    You should check the County Development Plan for your county which would be available online and in particular the rural housing policies. Other than that you could employ a local planning agent or look for a pre planning meeting with the local planner or do both.

    The policies change from county to county so it's hard to comment on your specific situation but you do tick a lot of boxes.


  • Registered Users Posts: 11 ploughna


    Thanks - appreciate the guidance. Fingers crossed!


  • Registered Users Posts: 2,385 ✭✭✭MacDanger


    ploughna wrote: »
    Hi
    My wife and I are currently living in the US and plan to retire home to Ireland in a few years. My sister-in-law has offered to give us a site on the family farm (which she and her husband now own). Full planning permission was granted 15 years ago for a house for her brother, but he passed away before it was built so it's long expired.
    The question is whether we'd meet the local need requirement for a new build on the site. We're both originally from the area, my elderly parents are also in the area and will need care in the years ahead.
    Any thoughts on this as I'm not sure how strict the criteria is (this is County Kerry btw)?
    Thanks in advance!

    As a returning emigrant, you may qualify for an exemption to the "local need" condition. It's mentioned here in a Wicklow Planning document but not sure of the details or if every county applies it

    https://www.wicklow.ie/Portals/0/Documents/Planning/Forms/Planning%20Application%20Notes%202012.pdf


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  • Registered Users Posts: 11 ploughna


    MacDanger wrote: »
    As a returning emigrant, you may qualify for an exemption to the "local need" condition. It's mentioned here in a Wicklow Planning document but not sure of the details or if every county applies it

    https://www.wicklow.ie/Portals/0/Documents/Planning/Forms/Planning%20Application%20Notes%202012.pdf

    Good find - the listed criteria seem quite sensible, but a quick search didn't reveal any such language in the Kerry planning application docs. I will investigate further though.


  • Registered Users Posts: 11 ploughna


    I did find this national document - if this applies to all counties, then it would appear to cover our situation pretty well. I'll continue to investigate locally though - counties seem to have a lot of autonomy when it comes to planning

    https://www.gov.ie/en/publication/23809-sustainable-rural-housing-development-guidelines/

    "Returning emigrants who lived for substantial parts of their lives
    in rural areas, then moved abroad and who now wish to return
    to reside near other family members, to work locally, to care for
    elderly family members, or to retire should be also be
    accommodated. "


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