Planning related question

N

neophyte

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I have been granted permission to build a house in a rural area on land belonging to my mother. The planning permission was granted with restrictions that I will occupy the house as my primary residence for 7 years etc ; it is an area where 'local needs' are the qualifiying criteria for being granted permission.
Now, I since I do not own the land I need to 'buy' it from my mother ; in fact, she would 'gift' it to me and I would 'buy out' my siblings. However, the issue of establishing market value is tricky. For my part there is a limit to what I would be willing to pay.
My question is this : if we decide to sell the land and allow another local to apply for permission to build a house on the same site, is it possible that the council/planning department will revoke my permission AND at the same time refuse the buyer permission too ?
Thanks to everyone in advance for any feedback.
 
no, your planning would stay in place. the new application would be treated as just that but another local would have to prove need etc as you did.
can i ask why you bothered going through the whole process to get planning if you are not in a position to buy the land / build the house?
its quite possible the planners may see your application as a water tester to see if the land could be used to sell with planning permission and reject any further applications on the site by people outside your family
 
thanks for the reply.

It took nearly 2 years betwen me finding a suitable architect, working through designs, etc to finally being granted permission. Over this period the value of the site probably doubled. This has effected my budget, to say the least.
But I would still like to go ahead with it. The problem is that I dont want to 'convince' my siblings that I am offering the market value. I would prefer to let the market decide so that no one can say I came up with a 'funny' price. If it gets as far as being advertised and if someone offers a price which I feel I can match, then I would step in at that point, when my siblings have said such an offer would be acceptable to them. I am taking this approach because there are not completely 'happy' with me 'buying' it and I dont want to be in a position where I appear to pulling some kind of fast one.
But if the offer is too far above my budget then I would have to let it go forward. If, as you say, the planners reject the proposal then I can negotiate from that point with my siblings.
Thanks again for the very valuable input.
 
no problem. guess family relations wouldnt be the best so by the sounds of it. the architect should be able to value the site for you anyway.
in situations similar to this, with family transfer of land, most times it just ends up that the clients say know how much the site is to be valued at but thats mostly for mortgage purposes.
might be an idea to have someone u know speak to a planner about the site and see what their take would be on it. would save you having to lodge and wait for another decision and you would have a better idea whether they are likely to grant or not, following your original decision
 
By securing planning you have made the site more valuable and probably put the cart before the horse. I'd get a couple of estate agents in to value it, without the planning and take it from there.
 
Yes the land is more valuable because you have planning but not as valuable as it would be without the restricitions. Undoubtedly the family would get more if a stranger obtained PP for it on the open market but on the other hand a stranger might not get planning in which case the land is valued at agricultural rates only. So I would take the middle ground and get it valued on the basis that this restriction applies. They may get more with a subsequent planning application but if you don't build on it they may get nothing....
 
I'd just like to add that the clause of you having to leave there 7 years isn't worth the paper it's written on - that was the case for 2 houses within 1 mile of me recently and both houses were up for sale before they were plastered - a family from Asia bought one of them.

I got a site from my parents last year (for free thank god!) but it had to be valued and that valuation was included in the legal transfer - I would advise to get an independent auctioneer to value the site - ignoring the fact that there is PP on it
 
thanks to everyone for all these very useful input.

to explain further ; family relations are fairly okay. but there is the sticky question of 'compos mentes' ; my mum is 86. i am being very cautious in so much as i dont want to do anything at this stage which could later be 'challenged'. our solicitor has advised that from the perspective of selling the site, there is no issue of 'compos mentes' but when it comes to 'gifting' it, there could be. hence my caution.

indeed i may have put a few carts before the horse but that is with hindsight. i had no idea that sites/property in ireland would appreciate at such an insane rate.

i did indeed ask the architect for a valuation. he put me in touch with an auctioneer 'friend' of his who did value the site. i stressed that i wanted a completely objective valuation. unfortunately, i didnt get that. when i asked the auctioneer about his valuation which seemed well under the mark and which he charged me 150 euro for, he immediatly started to back peddle and say , well, yes, its probably worth 20% more than i quoted. the architect is quite keen (as i am myself) to see the house built so i guess he felt, in spite of my request, that he was helping me by 'explaining' the situation to the auctioneer.

my siblings (and myself) all live outside the country.

this experience made me realise how 'easy' it is to get a valuation from an auctioneer to say whatever you want it to say. since i am , in a sense , the fox in charge of the chicken house, i really want to go the extra mile to make sure that everything i do, and am seen to do, is above board.
 
Well why don't you take the auctioneer's valuation, add 20% and that's that. Presumably he gave you a written valuation and the 20% extra will be seen in any records.
 
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