planning granted - 10 year claus
- Thread starter daveg
- Start date
Tens years does seem to be excessive. My sister has a 5 year clause as they bought the land from her brother-in-law and the only way they can build on the land is to keep it for 5 years (the land was recently acquired by brother in law and previously was owned by Coillte). Its hard to know how a person could see into the future 10 years hence and know they will not have to move for a number of reasons either economic or personal eg marriage breakdown etc...
This is quite common in Co. Galway and other parts of the country.
It's known as an "enurement clause".
I'm sure there is an appeals procedure - contact the Planning Office or any engineer. However, I'd say you are highly unlikely to be successful in an appeal.
It's known as an "enurement clause".
I'm sure there is an appeals procedure - contact the Planning Office or any engineer. However, I'd say you are highly unlikely to be successful in an appeal.
T
tonka
Guest
You wait about 4-5 years and then you may appeal but unless you split up or something they will not budge . It is a standard condition in Galway if you built on family land so I suspect you were not entirely upfront with us about everything you said to the Council to get permission in the first place Dave.
You had a "housing need" for example, what was it ?
You had a "housing need" for example, what was it ?
Munsterdude
Registered User
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As far as I am aware this planning condition is totally illegal, but has never been questioned via court. In practice, if you wish to sell your house after a couple of years, there is very little the council can do. You simply request this condition to be removed when you are putting your house up for sale
T
tonka
Guest
If the OPP had no Enurement Clause then the FPP should not have one either . Has the area been 'upgraded' in the 2003 county developemnt plan since OPP was granted ....meaning its near the corrib or within 15km of the city , that would mean they are allow to slap the enurement on if they wish.
Enurements are perfectly legal otherwise they would have been challenged in court . Galway have used them since 1997 or so.
It will not affect your ability to get a mortgage by the way .
Enurements are perfectly legal otherwise they would have been challenged in court . Galway have used them since 1997 or so.
It will not affect your ability to get a mortgage by the way .
Munsterdude said:
I checked with my solicitor and it is totally legal.
tonka said:
Outline had no such clause. Not sure about the area being upgraded but I very much doubt it. It's no where near the Corrib and is outside the 15KM boundary. It's actually about 2 miles from Abbeyknockmoy. Not exactly an over developed area. As regards this effecting the mortgage the TSB are getting back to me today.
RainyDay said:
Don't want to be tied down for 10 years. Good possibility we may have "traded up" in 4 to 5 years time. Thats what we have currently done - built 4 years ago and have now sold with a view to finishing the new house (as much as we can afford) and possibly reducing our mortgage.
T
tonka
Guest
Abbeyknockmoy begad. The clause may have been introduced to stop trader uppers or self developers then because it sure ain't scenic amenity ...the Connemara excuse.
If the outline was granted in the past 2 years you have a case for getting rid of it, if the outline is over two years old (pre current development plan) your case is weaker .
If the outline was granted in the past 2 years you have a case for getting rid of it, if the outline is over two years old (pre current development plan) your case is weaker .
I have wondered about this clause before. If you tried to sell the house within the 10 year period, what would happen? I presume that if a buyer's solicitor was doing a search, this restriction would show up somewhere, and they would not allow/advise their client to go through with the sale?
T
tonka
Guest
Yes. the buyers solicitors searches planning consents and throws this up . If the buyer was paying cash and did not care I would say that the sale could go through but I would wait 5 years after FPP before I chanced buying it 
The enurement does not have effect in the Land Registry IIRC , they would transfer the title anyway.
The enurement does not have effect in the Land Registry IIRC , they would transfer the title anyway.
Having read through the clause in detail and by trying to read through the legal mumbo jumbo it appears we can sell to someone who satisfies a housing need or is an immegrant. I wonder what the process is for this? I'm ringing the planner this afternoon to get more info/see if there is any chance they will remove the clause (have a feeling I know the answer to this already). I'll post back and let you know how I get on..
Having just spoken to the planner...
Only thing we can do is appeal to board planala. He thinks it's highly unlikely they will overturn the clause. Is we do appeal we could loose our planning if they overturn the grant (small chance).
Everything in a 20KM band around Galway will get this clause.
We can rent the house but cannot lease or sell.
Rumours someone is taking this to the European courts. If it's found unconstitutional and they do not apply this to new planning applications then we would have a good chance of the planning office taking the restriction off the planning.
Only thing we can do is appeal to board planala. He thinks it's highly unlikely they will overturn the clause. Is we do appeal we could loose our planning if they overturn the grant (small chance).
Everything in a 20KM band around Galway will get this clause.
We can rent the house but cannot lease or sell.
Rumours someone is taking this to the European courts. If it's found unconstitutional and they do not apply this to new planning applications then we would have a good chance of the planning office taking the restriction off the planning.
T
tonka
Guest
his name was not 'Jimmy' by any chance ?
T
tonka
Guest
The clause you mention is based on a restriction on new planning applications within 15km (not 20KM) calculated (by the planners) in a dead straight line from the NE Corner of Eyre Square near County Bulidings...to be precise . I would have thought that Abbey was outside that limit by a very long shot, I'd say Ballyglunin is too and Turloughmore and even Lackagh.daveg said:
Said plan is 700k in size here
http://www.galwaycoco.ie/planning/developmentplan/Draft 12795.pdf
I refer you to policy objective 92 ...yes it says 'by road' but the planners ignore their own plan as much as possible because they do not give a feck and use straight lines instead
so 15km by road may easily have become 20km as the crow flies in the planning office because the planners chose to misread their own stated plan . You have a valid ground for appeal because of that but I would get them to confirm they applied 20km IN WRITING first .
Nevertheless you are outside that by any measure and It should not have been applied to you for that reason is what I think. Given my dealings with Galway planners , no disrespect to yours, they probably will find another reason why it applies but you are not within that radius . I must confess that with some noble exceptions I have found Galways planners to be the most mendacious , useless, visionless, lying , rude, ignorant bunch of corrupt sleeveens I have ever come across in the entire Civil Service......ever .
Of course I live inside that 15km by road limit
and have seen the value of Tonka Towers shoot up as a direct consequence but thats between I and my bank managers.
T
tonka
Guest
Forgot to mention, you have about 1 week left to appeal to an Bord Pleanala.