Planning Permission

M

Mr Tayto

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Hi all

Could anyone give advise on our situation, My wife & I have a plot of land given to us by my father-in-law.
Our plan was to build on it in the next year, but I went to a pre planning meeting to find out that according to the Kildare CCs we do not meet their "Local Need Criteria", which states that you must have come from a rural background.
We are both from Kildare, our parents all live in Kildare, but in local towns. My father in law (who is retired) has a few of acres on which he keeps cattle & has done that for the last 35 or so years, but does not have a farm yard to work from.
There in lies the problem, they say that we would not get planning, but maybe my father-in-law might.

What do we do? Do we try under our own steam or get my wife's father to apply???

Are there any special circumstances that they will allow planning?

Has anyone been in the same situation?

Thanks in advance

Tayto
 
Hi,

In a very similar situation myself - this is a new thing that has arisen as part of the new county development plan & it was not as much an issue prior to 2004.

The council are trying to direct development towards towns/settlements (ie villages).

If you are from an actual town, from what I can gather, you have absolutely no chance.

I am from what they call a rural settlement (village) and am in the process of replying to further information. Their argument is that I should build in the village and not 1 mile up the road (emm would love to build in the village but I have a free site 1 mile away - you do the math!) I read through the county development plan extensively & have taken bits out that support my argument. Even still I am not that confident that I will get planning. Have spoken to TDs / Architect etc and basically this seems to be a big issue & a lot of people are being refused on this basis.

Renting in the rural area in order to qualify is not really an option either as I think that you have to have lived there for 12 years!

Perhaps your father-in-law might be able to apply -> would he have documentation to prove that he keeps cattle on the farm?
Do you have any connection with the equine industry? Perhaps if you were to build stables?
How far is the site from where your families live? - if it is a good distance then you won't be able to to use the whole 'looking after them as they get old' argument.

I would suggest also going to a TD with your case - they seem to have a fair idea of the planning system & would be able to tell you if you have any hope at all or advise on the best way to apply - When I went to speak to them they told me that they would have advised applying in a different way!

Best of luck. We have already spent 8k in the planning process so it is probably better that you find out if you have any hope before you get into this level of spending
 
I think you need to check the requirements of the Development Plan. In Donegal immediate family members of the landowner are entitled to apply for planning.

If your father in law has some land for grazing cattle he should have a herd number. If you can get the herd no. as proof or indeed a letter from his solicitor confirming that he has owned and farmed that land for X no. of years then you could be in with a chance.

Its all down to whats in the develoment plan. From what you have said the circumstances would be enough for you to get planning here in Donegal but every County Council have different policies.

Maybe have a talk with your local Councillor as they have a fair input into the development plans or talk to some of the local architects/agents
 
Sorry I never mentioned that I was applying in Kildare also.
They are saying that it doesnt matter how long you (or your family) have owned the land it is all about where you have lived for at least 12 years (you can have moved away & be wanting to return to live near family).
You can download a copy of Kildare County development plan from their website & there is one particular chapter on Rural Housing Strategy.
This distinguished between one off housing in the countryside and development in a settlement/town - with one off housing in the countryside being the most difficult to get.
 
Could you use the argument that you need to move closer to your father in law to look after him in the future and help him with his cattle, be a carer etc.
 
Have a look at the list contained in [broken link removed] (page 81 of the document)that defines "local needs" and if you fall into any of the catagories then I dont see why you wouldn't be eligible to at least apply for permission.
 
I think this is ridiculous....I bet you any money of a non national of Ireland bought a site in Ireland and moved here, they would be granted PP without a fuss. But for Irish nationals, they impose these ridiculous rules.

I have a plot available to me in Kinsale, beside my sister and which I'd love to move down in about 15yrs when the kids are grown up and live near my family, but I don't have a hoping hell of a chance of getting PP down there either.
 
Some of the planning laws are so crazy. Surely people should be entitled to build if they have a site, why when it comes to planning do we have to beg for everything ?
 
anois said:
Some of the planning laws are so crazy. Surely people should be entitled to build if they have a site, why when it comes to planning do we have to beg for everything ?
Click to expand...
Great, now I know where to build that Nuclear Waste Storage Facility - right next to Anois's house.

Anois: Please search for "one off housing" on archiseek.com to get some views on the damage and wastage of money caused by one off housing to country.

Also note that one's right to property in the Constitution are subject to the common good.

Also note that Dublin has been cited recently as an example of bad Planning (for sprawl) here:
[broken link removed]
 
Maybe Superman everybody does'nt want to live in towns and villages. I would'nt. I did say some of the laws are crazy. Surely if somebody owns a bit of land or in Taytos case a site, are they not entitled to be able to put a home on it.

What happens if everybody is shoved into built up areas that will bring it's own problems. Overcrowding in schools etc, Who wants that?
 
Superman said:
Great, now I know where to build that Nuclear Waste Storage Facility - right next to Anois's house.

Anois: Please search for "one off housing" on archiseek.com to get some views on the damage and wastage of money caused by one off housing to country.

Also note that one's right to property in the Constitution are subject to the common good.

Also note that Dublin has been cited recently as an example of bad Planning (for sprawl) here:
[broken link removed]
Click to expand...

This is a separate debate, which I'm sure is well discussed in threads elsewhere. How is this helpful to the OP?
 
Avns1s said:
This is a separate debate, which I'm sure is well discussed in threads elsewhere. How is this helpful to the OP?
Click to expand...

Yep, very close to LoS territory here. Please keep to the point at hand, or this will have to be moved.
Leo
 
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