# Extending rural cottage



## Roski247 (20 Dec 2019)

I have recently applied for planning permission to renovate and extend a rural cottage. The advise I was given was that as long as there is a property on the site in non-derelict condition (ie has four walls and a roof) that a local need would not apply
However we have received a request for additionali Informaction fromCC regarding the length of time the house has been unoccupied and how we comply with local need
It transpires that the previous owner registered the house as abandoned to avoid LPT
As far as I can see now the site is only as good as a greenfield site and I will be refused outright to build on it
Am I correct or is there any way around this??


----------



## Drakon (20 Dec 2019)

As part of the conveyancing, your solicitor would have checked the LPT and NPPR status. He/she should/would have informed you then of no LPT applicable, the building being abandoned, etc. Does this ring a bell? Maybe go back to your solicitor for a recap; there should be no charge for this.

What is “local need”? That you have a connection to the area (e.g. your uncle lived there)? Or that you personally are a benefit to the locality (e.g. you drive the school bus)? Or something else?


----------



## lonelyplanet (21 Dec 2019)

Do you own the cottage.? Have you an EsB meter...if you own cottage and hacpve services in your name and can make the existing house live able I don’t see why you need planning. Secondly if it’s a pre 1963 you will be allowed to add 40 Sq m extension....do a planning search as well and see if there is any info as regards a dereliction notice on the property


----------



## Roski247 (23 Dec 2019)

Drakon said:


> As part of the conveyancing, your solicitor would have checked the LPT and NPPR status. He/she should/would have informed you then of no LPT applicable, the building being abandoned, etc. Does this ring a bell? Maybe go back to your solicitor for a recap; there should be no charge for this.
> 
> What is “local need”? That you have a connection to the area (e.g. your uncle lived there)? Or that you personally are a benefit to the locality (e.g. you drive the school bus)? Or something else?



Thanks
Will revert to solicitor but nothing of the like was mentioned during conveyancing.
Local need is vague ie there aren't exact guidelines and rules are relaxed at planners discretion 
Generally they look for the previous 7 years living in the area  & working locally , or farming locally or established business that contributes to local area


----------



## Roski247 (23 Dec 2019)

lonelyplanet said:


> Do you own the cottage.? Have you an EsB meter...if you own cottage and hacpve services in your name and can make the existing house live able I don’t see why you need planning. Secondly if it’s a pre 1963 you will be allowed to add 40 Sq m extension....do a planning search as well and see if there is any info as regards a dereliction notice on the property


If the property is deemed abandoned (ie it's no longer a habitable dwelling) you need planning permission for change of use to revert back to a dwelling house 
The house in its current state would arguably not be abandoned as it is in decent state , however as the previous owner wanted to avoid LPT he registered it as so . 
We do not own the house yet, we bought subject to planning so we can back out of the sale. However it is , for us, the perfect site, and are devastated at this


----------



## lonelyplanet (1 Jan 2020)

Have you spoken to an architect in the area who is au fait with the planning requirements in the region.  What if you get an engineer to deem the property as habitable , you purchase the property and live in the building as is ...I cant see how the LPT payment / non payment will deem the property uninhabitable...nothing stopping you paying the LPT when you purchase it...


----------



## Leo (6 Jan 2020)

lonelyplanet said:


> Do you own the cottage.? Have you an EsB meter...if you own cottage and hacpve services in your name and can make the existing house live able I don’t see why you need planning. Secondly if it’s a pre 1963 you will be allowed to add 40 Sq m extension....do a planning search as well and see if there is any info as regards a dereliction notice on the property



As Roski247 says, reinstating an derelict building requires planning permission to bring back into use. The challenge for the OP now is that claiming the building is not derelict raises potential tax evasion issues. Revenue require evidence to support the application for uninhabitable status, they must have accepted whatever was supplied at the time for the exemption to be granted. You can't just decide to start paying LPT on a property that has been granted an exemption!

Also, Pre-'63 status is not required to avail of the exemption for extensions of up to 40sqm.


----------

