# Refused Planning because of already owning a house Co Meath.



## bitsnbobs (9 Feb 2011)

Hi 

I have been refused planning in Meath because I already own a house, the house is in a different county. 

I did sent in documents to say I had to sell the house due to financial problems. I am from the local area. I also work in the area and have bank statements etc going back over 10 years. 

Is there any way around this? I am going to appeal this to an Bord Pleanala. 

I am looking for any help in getting round this issue


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## Meath Lady (9 Feb 2011)

Hi Bitsnbobs. This appears to be the situation regularly in Meath for some reason or other. Howver I am aware of several people who have actually got planning permission in Meath and did in fact own a house also. Not sure of the finer details. Maybe they didnt declare ownership of the other house. I will be interested to hear how this develops.


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## onq (10 Feb 2011)

Appoint a planning professional to write your appeal.

A competent architect specialising in single houses who has a track record in doing appeals.

Or a planning consultant who will take on small work - most will do so these days.

ONQ.

[broken link removed]

All advice on AAM is remote from the situation and cannot be relied upon as a defence or support - in and of itself - should legal action be taken.
Competent legal and building professionals should be asked to advise in Real Life with rights to inspect and issue reports on the matters at hand.


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## bitsnbobs (11 Feb 2011)

Thank you for your reply, Do you think that An Bord P. Would over turn the decision?


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## Blackmiller (12 Feb 2011)

Hi bitsnbobs

I assume you are seeking permission in a rural area. It is the policy of most Local Authorities to only permit applicants to build in rural areas who are an intrinsic part of the rural community. Who is eligible is based on a number of factors; owning a house somewhere else is often enough to negate any eligibility you may have. This is normally stated in their policy or it may be less formal factor in their assessment. 

What exactly were the reasons for the refusal? You say you sent in documents stating that you had to sell the other house you own outside of Meath; was this just a statement to that effect or did you send in proof, maybe of a finalised sale? I have dealt with cases where the Local Authority ask if other property is owned, then do their own land registry searches to ascertain if the information supplied is correct. If that another property comes up in your name, then from their perspective you no longer qualify, depsite any claims you have made. 

The best thing to do is to engage with the L.A. fully before and during the application process. Explain your situation, but they are liklely to require proof that you no longer own the other house; statements of going to sell it etc just won't do. Of course you will have to be eligible to live in the rural area on all other counts too. It is too late now as you have already been refused. However, appealing to the Board has considerable risk too. The Board may look at the case in its entirety, alongside this specific issue. Depending on the details, of course they may find in your favour or they could find a few reasons to refuse it. The Board stick rigidly to national, regional and local policy and can interpret it slightly differently to a Local Authority. Having a Board refusal on top of the Local Authority's is a bigger problem, especially if they add in a few reasons.

ONQ is right; get advice from a planning consultant based in Meath and let them assess the refusal in detail. Spending a few quid now could save you much more over the long term. It may be better to get things in order now and reapply to the COuncil. 
Let us know how you get on.

PS - Local Authorities have these types of policies to a) try to maintain rural areas for people who form part of the rural community and to b) avoid rural areas becoming like large ghost communities where everyone commutes to a nearby large town or city. If people who are economically and socially connected an urban area are encouraged to reside in urban areas, the greater numbers make it easier to provide better facilities, transport etc. It is a very contentious issue - and rightly so - but this is the logic that the Government takes. 


As far as they are concerned you still own a house elsewhere and as such you may not actually live in the area and sell it on or rent it etc.


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## onq (13 Feb 2011)

bitsnbobs said:


> Thank you for your reply, Do you think that An Bord P. Would over turn the decision?



Blackmiller has offered a good overview.

The short answer is that you will have to appoint a professional to look into the matter before anyone could offer you an answer with a reasonable level of competence as to whether it _could_ be reversed.

As to whether it _will_ be reversed even if local precedent and the development plan support your position - you can argue statistics all day, but all I can say is I have seen some very dodgy decisions from both local authorities and ABP in my time, some of them with no rhyme or reason.

FWIW

ONQ.

[broken link removed]

All advice on AAM is remote from the situation and cannot be relied upon as a defence or support - in and of itself - should legal action be taken.
Competent legal and building professionals should be asked to advise in Real Life with rights to inspect and issue reports on the matters at hand.


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## bitsnbobs (15 Feb 2011)

Thanks for the reply, I passed local needs, as I still live in the area, thats not the issue, I only condition for the refusal is becasue I already own a house that is currently up for sale, thats it, I dont even live in that house. I live with my parents.


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## onq (15 Feb 2011)

All I can suggest is that is must look odd from their point of view that you would be seeking permission for a house citing local needs when you already have a house.
I am sure you have perfectly good financial and/or personal reasons for being in this position, but alas regulations seldom see shades of grey or allow for the unusual situation many of us find outselves in these days.

FWIW

ONQ.

[broken link removed]

All advice on AAM is remote from the situation and cannot be relied upon  as a defence or support - in and of itself - should legal action be  taken.
Competent legal and building professionals should be asked to advise in  Real Life with rights to inspect and issue reports on the matters at  hand.


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## bitsnbobs (15 Feb 2011)

I bought the house a number of years ago in a different county and rented it out. thats it, tryin to sell it now but with the way things are its not selling. I have site beside my parents the other house is 20 min drive.


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## onq (15 Feb 2011)

bitsnbobs said:


> I bought the house a number of years ago in a different county and rented it out. thats it, tryin to sell it now but with the way things are its not selling. I have site beside my parents the other house is 20 min drive.



If you have not used it as your sole domicle this may strengthen your case.

FWIW

ONQ.

[broken link removed]

All advice on AAM is remote from the situation and cannot be relied upon  as a defence or support - in and of itself - should legal action be  taken.
Competent legal and building professionals should be asked to advise in  Real Life with rights to inspect and issue reports on the matters at  hand.


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