# Inurement clause never signed - can it be enforced?



## Xsue (16 May 2013)

We moved into our new build house 5 years ago. We "knew" that there was an inurement of 5 years on the planning when we first got the planning permission in 2002 but did not think that this would be a problem as we intended to live in this house for many years. Things have changed however and now the rural area we live in is really suffering, our business has shrank so much so that we need to look for other jobs but there are none (or too few) within an easy commute. We will need to move and ideally we would sell our house in order to fund a move. However when getting ready to sell the house we found that the inurement is actually a lifelong one (!!!) but also that we never signed it. The planning office is taking it that as we went ahead and built the house well then that's as good as signing. But when they told me about the 7 year get-out (after 7 years we can apply to have alterations done to the house and then simultaneously ask for the planning to be edited to remove the inurement) they said that even in two years this will not apply to us as we never signed the inurement clause in the first place. I have spoken to someone in the planning office who was absolutely immoveable on this point. She said that we have to find someone who is family or is involved in agriculture to buy our house or someone who will happily take on the lifetime inurement. Well, that's just not going to happen, the whole area is suffering and our best chance of selling is to someone looking for a holiday home. The last of our savings are being used to keep up mortgage repayments and I didn't really want to have to pay a solicitor to look into this especially as the woman in the planning office told me that other people have had this same problem but have managed to find buyers within those crazy criteria. Does anyone know what I can do next. I feel like we are trapped in a nightmare - unable to sustain our business, unable to get a job, unable to sell our house and move on so stuck here just waiting for the whole situation to implode on top of us and the bank to repossess the house. Help!


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## Dr.Debt (16 May 2013)

Can you not put in a planning application to have that clause removed from your planning grant.

You could put in a detailed explanation about your circumstances having changed, lack of employment etc etc.


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## Xsue (21 May 2013)

*Unreasonable to plead clemency from planning office?*

Following on from this I have arranged, through a local councillor, a meeting with the planning office about this issue. Neither the woman I already spoke to in the planning office or the councillor seem to be optimistic about my chances of having this clause lifted from my planning. They seem to think my only option will be to find someone who will happily accept this inurement. That would surely give any potential buyers huge leverage to get our selling price right down and I do feel optimistic that without the clause we would get enough for this house to cover the mortgage and to springboard us into the next chapter of our lives. None of this is what we would freely choose but the collapse of the economy and subsequent winding down of our business has left us without the luxury of such a choice and we really feel that this will be our only chance of taking control of our future. I feel that this clause is so terribly unfair in the current climate and that ultimately if we cannot sell the house we will ultimately end up being a burden on the state one way or another. I argue this with the planning office in my head all the time but I want to make sure that I have a good chance of 
a) them listening to me and 
b) them agreeing with me

Has anyone any suggestions as to how I should pitch my case??? Do you think I stand a chance??  I know I will be struggling not to cry all over them as our situation feels very desperate so it would help if I have a few pointers in my head to focus on. Many, many thanks in advance


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## Dr.Debt (22 May 2013)

If the planning people are un co-operative, Can you not lodge a legal challenge through the courts to have the inurement clause set aside based on grounds of reasonableness. These clauses have been the subject of controversey in the past, where occupants have needed to change their plans and relocate.

In my view an inurement clause of up to seven years duration might be seen as reasonable by a court. A life long inurement clause would appear to be completely unreasonable. I would be talking to my Solicitor.


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## threebedsemi (22 May 2013)

I have never seen a 'lifelong' residency clause on a planning permission, and doubt very much if such a condition is legally enforceable. Generally they extend to 7 years, and it is likely that if anyone took it upon themselves to challenge such a condition in the courts (even a 7 year one) it would be found to be unenforceable in any case (one may have to go to Europe to achieve this, and would need deep pockets).

You have two options. One of these is, as the good doctor has said above, seek legal advice from a solicitor with experience in this area. From what you have said, and if I am understanding you correctly, I think that you have obtained poor and factually incorrect advice from the Planning Authority to date.
I understand that when things are financially tight, the thought of appointing a solicitor chills the blood, but it is likely to be the only way to make a cogent argument to the planning authority in this case.
A planning expert might be another professional to consider.

The second option one is to find a 'cash' buyer who will not be looking for a mortgage to purchase your house, and thus may care less about the conditions.

www.studioplustwo.com


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## Leo (22 May 2013)

Xsue, I have merged your two threads. Please keep all posts on this matter in this thread, we do not allow duplication.


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## tightleg (17 Jun 2014)

Xsue, How did you get on in the end? could you get the inurement clause lifted? Im in a similar situation,


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