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Planning query on Existing Housing Development

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  • 10-10-2019 4:46pm
    #1
    [Deleted User]
    Posts: 0 ✭


    I am looking at buying a house that was previously a holiday house in terms of planning. Out of 32 houses only 7 or 8 remain as holiday lets and the rest are owner occupied. There is a stipulation in the original planning that reads

    'Before development commences the applicant shall enter into an agreement with the Planning Authority specifying that the entire development, consisting of 32 units on the site that this permission refers to, shall be held in single ownership and shall not be subdivided and shall be available only for holiday letting. This agreement shall be registered as a burden against this site in the Land Registry within in 3 months of commencement of development.'

    Basically this was developed in the boom, in the crash the management company collapsed. The estate was like a ghost estate for a few years until about 2014 when the houses started re-selling and they were bought by home occupiers. The house in question I am looking at has been home occupied for over 8 years that is known.

    My question is, can the council still take enforcement proceedings or has it gone long past that? would the 7 year rule exist that it is not compliant with planning but cannot be enforced?


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    #2
    Gumbo
    Moderators, Society & Culture Moderators Posts: 38,443 Mod ✭✭✭✭Gumbo


    The use of the building doesn’t have a time limit so yes they can issue enforcement proceedings.

    Ask your solicitor to seek confirmation from the vendor that this particular condition has been complied with or altered by way of appeal or furthe planning application.


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    #3
    sydthebeat
    Subscribers Posts: 40,994 ✭✭✭✭sydthebeat


    Surely if there's circa 25 houses already sold off, then this planning condition issue has been discovered and dealt with many times over.

    The council should know if there's any alternative arrangement with this development


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    #4
    mickdw
    Registered Users Posts: 23,260 ✭✭✭✭mickdw


    Id imagine in view of the collapse and it being a ghost estate, that the council have taken a view that they were better released to single ownership if it meant it got tidied up.
    They are likely offering cover letters that this condition will not be enforced.


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