Local Needs On Houses Already Built

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1eyeonthefuture

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There's a small development for sale not too far from myself and there is a house for sale within that would be of interest.
It says however that the property is subject to local needs.

I've seen sites with PP noted as local needs only however haven't come across a development of houses already built with this stipulation.
With whom does the responsibility lie in terms of fulfilling this requirement etc.
Also in terms of satisfying criteria - in peoples experience is it black & white or is there some flexibility around same.

thanks
 
I have no expertise in this area but I've heard it said very recently that such 'local needs' stipulations are totally illegal as they discriminate against outsiders. If you're interested in this place, it may be worthwhile getting legal advice.
 
T McGibney said:
I have no expertise in this area but I've heard it said very recently that such 'local needs' stipulations are totally illegal as they discriminate against outsiders. If you're interested in this place, it may be worthwhile getting legal advice.
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There are many things which are done by councils and other arms of the government which are probably illegal, however unless and until someone goes to the Supreme Court they will continue to happen.

Some examples in addition to the 'local needs' issue, RPZs, the ban on evictions, the treatment of kids in schools who do not attend religious education and or religious instruction.
 
cremeegg said:
There are many things which are done by councils and other arms of the government which are probably illegal, however unless and until someone goes to the Supreme Court they will continue to happen.

Some examples in addition to the 'local needs' issue, RPZs, the ban on evictions, the treatment of kids in schools who do not attend religious education and or religious instruction.
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I think the suggestion in this case was that the policy is so egregious that it wouldn't require a Supreme Court action to get rid of it. What council CEO or Chair for example is going to be prepared to go all to the Supreme Court to defend a policy that explicitly discriminates against immigrants, amongst others? They'd be roasted alive.
 
T McGibney said:
What council CEO or Chair for example is going to be prepared to go all to the Supreme Court to defend a policy that explicitly discriminates against immigrants, amongst others?
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The CEO/Chair of Royston Vasey County Council?
 
I've only ever seen it in one off housing in a rural location. Its often used when a son or daughter builds on family land but not exclusively by any means. The implication is that the application would not be granted if they weren't able to prove the local needs aspect. You should have a look at the planning application for the development and see what it actually says in relation to the local needs requirement.
 
1eyeonthefuture said:
There's a small development for sale not too far from myself and there is a house for sale within that would be of interest.
It says however that the property is subject to local needs.

I've seen sites with PP noted as local needs only however haven't come across a development of houses already built with this stipulation.
With whom does the responsibility lie in terms of fulfilling this requirement etc.
Also in terms of satisfying criteria - in peoples experience is it black & white or is there some flexibility around same.

thanks
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The onus is on the occupier to ensure that they are in compliance with the conditions attached to the permission granted for the dwelling. Most "occupancy" clauses, whether you agree with them or not, are legal agreements between the Planning Authority and the qualifying person and are undertaken pursuant to Section 47 of the Planning & Development Act.

If it is a development which has local needs, then it's likely you will be required to submit qualifying documentary evidence to the planning office. If it's acceptable then they will then issue you a letter stating you are eligible under the terms of the occupancy condition. You'll need this in order to complete sale on the property.
 
1eyeonthefuture said:
There's a small development for sale not too far from myself and there is a house for sale within that would be of interest.
It says however that the property is subject to local needs.

I've seen sites with PP noted as local needs only however haven't come across a development of houses already built with this stipulation.
With whom does the responsibility lie in terms of fulfilling this requirement etc.
Also in terms of satisfying criteria - in peoples experience is it black & white or is there some flexibility around same.

thanks
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How did you get on with this in the end? I’m possibly in a similar situation myself, thanks
 
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