# Change of use Planning Permission



## murphaph (17 Nov 2008)

Anybody any idea how long a change of use PP application (retail unit to fast food) could take assuming no objections (unlikely I know)?

South Dublin CC fwiw.


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## threebedsemi (25 Nov 2008)

All planing applications take the same amount of time to process, so:

Eight weeks after the date of submission of a valid application, the planning authority will either issue a Decision to Grant (or refuse)Permission , or will request further information. Once the further information has been received, they have four weeks to consider same and will then issue a decision to grant (or refuse) permission, or may request further clarification, which they have another four weeks to consider before issuing a decision.

There is then a four week period to allow for appeals (either by you to a refusal or third parties to a grant) prior to the Grant of Planning Permission being granted.


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## murphaph (25 Nov 2008)

Thanks TBS. We are the prospective landlords. Would the application be better made in our names rather than prospective tenants who have no official connection (yet) to the premises?


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## coppers (26 Nov 2008)

murphaph said:


> Thanks TBS. We are the prospective landlords. Would the application be better made in our names rather than prospective tenants who have no official connection (yet) to the premises?


 
Yes, if you are known in the area. The identity of an objector cannot be kept secret, in borderline cases people won't object to a friend/
acquaintance.

Also you have more control, it's possible to delay the process as an applicant which may suit a new tenant in a situation where rent does not start until permission granted.


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## threebedsemi (26 Nov 2008)

The above post is sound advice.
In the heel of the hunt, a planning permission relates to property in any case, and not to the applicant, so from this point of view it does not matter if its you or the prospective tenants who applies.

The main thing that will expedite the processing of the application is the amount and quality of information which is originally submitted. In cases like these, it is likely that the planning authorithy will request details of ventiulation, a detailed kitchen layout, details of opening times etc, so it would be prudent to include these in the original application in order to avoid  further information request.

Try to find a similar successful application to the same authority in the recent past, and ensure that all the information requested as further information is included in your original application.

You should also note that an application for a fire safety certificate will be required for the change of use, and this also takes a minimum of eight weeks to process.


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## murphaph (26 Nov 2008)

Excellent advice. Thanks to both of you. The prospective applicant would be very keen to get started asap so I don't believe they'd intentionally delay the process. They have an existing succesful well established similar business in the county and are just looking to expand. Our location is key-massive passing trade. There are more modern retail units around the corner lying vacant as they have no visibility from the road. 

We have another prospective tenant who would not require any PP as the use is so similar to the existing. However, this would yield lower rent overall.

So what do you folks think of this:
Offer the prospective (food based business) tenants a lease with a break clause subject to planning refusal with rent levels determined by planning also, so once PP is granted, rent goes from x a month (what the other guy has offered) to y a month)? Is this a bit messy. It's undoubtedly a risk for the food business as they may get refused PP but we have an offer of occupancy immediately and so they should be able to appreciate that it is not attractive for us to leave it vacant for 12 weeks+ while they apply for PP. Have you ever heard of this being done? I'd like to get these guys as long term tenants and they have been open about their desire to get in. Their first question was "will you sell the freehold?" and I know for a fact that they approached my father about 15 years ago to sell up. They have long been interested in the location. Thoughts?


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## coppers (26 Nov 2008)

Yes it's important to get the application right first time. You can search applications here

enter the address of a similar new business in the area. Having an architect involved greatly simplifies things. The fire safety cert application can run in parallel with pp.

The prospective tenants can take charge of all this and still put your name on the application.

Having the tenants pay a slightly reduced rate during the pp stage is  common practice for a desirable tenant. The lease should refect every aspect of such an agreement.

Start the negotiations with the assumption that they will paying the full rent throughout.


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## murphaph (26 Nov 2008)

Thanks for that coppers. Good to know it's common enough to offer the reduced rate while PP is being applied for. Will obviously be seeking specialised legal advice wrt the terms of the lease as we want to reserve the right to develop the site later etc.


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## murphaph (26 Nov 2008)

Cheers again-I have found the full file for a quite similar conversion from retail to fast food this year and it seems to have been fairly painless albeit with some conditions attached. Parking was a major concern for the council but we have that sorted. Zoning is the only issue I see causing problems.


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