Sites for sale with FPP, what about local needs?

G

GarBow

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Hi

Just wondering,

If a site within a 'local needs' county can be sold with FPP then surely the person buying the site would also be required to apply for 'local needs'.

i.e. the FPP only applies to the person who was granted the PP not to someone buying the site who may be from a totally different county?

How does this work?

Do they just have to apply for the LNs part or does the full application have to be made again?
 
A section 47 clause in the planning, usually 5, 7 or can be 10 years, means the person who buys the site will have to live there for the periods mentioned above.
 
So in theory, could somebody looking to build, have someone else, who meet the planning criteria regarding local needs apply on a particular site.

As long as whoever will eventually build the house is going to live in it for the stated period set by the conditions?
 
If the conditions of planning include any condition restricting the occupancy of the dwelling to the applicant (or applicant simmediate family) then it cannot be sold to anyone....

If this condition does not exist then it may be sold. However if the prospective purchaser wants to augment the proposal theres a possiblity thenthat local need may be an issue..... i have had this exact conversation with a planner and that was his view...

its also interesting to note that a site for sale with outline permission without the occupancy condition may be sold to anyone.
 
GarBow said:
So in theory, could somebody looking to build, have someone else, who meet the planning criteria regarding local needs apply on a particular site.

As long as whoever will eventually build the house is going to live in it for the stated period set by the conditions?
Click to expand...

no thats not the case...
the whole point of the occupancy condition is to restrict the occupancy to the applicant (who has already satisfied the council as to local need)...
 
2 types of clause, 1 for applicant only - cant be sold on or 1 for 1st. occupier meaning builder can buy and sell it, that buyer is then bound by restrictions. Any other buyer would have to reapply for change of name and satisfy 'local need' restrictions. Consult with relevant authority as each has different interpretations. In Galway you could get planning within say 8kms of existing home moving away from city if you have a housing need eg, existing home too small, etc..
 
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