Enurement Clause

[mickeyg]

I am thinking of buying a site on which there is planning permission for a dormer the design of which is dreadful. My intention is to buy the site and apply for a change of house plan, build and sell. However, I fear that if I apply for permission for a change of house plan the Council will slap the enurement clause on the new permission - there are no restrictions on the the current planning.
Would welcome advice on whether this is the likely outcome if I apply for change of house plan - in the Galway area.

 

[Guest107]

I am thinking of buying a site on which there is planning permission for a dormer the design of which is dreadful. My intention is to buy the site and apply for a change of house plan, build and sell. However, I fear that if I apply for permission for a change of house plan the Council will slap the enurement clause on the new permission - there are no restrictions on the the current planning.

its possible but unlikely unless the original planning is pre May 2003 (new county development) and you area has been upgraded in terms of landscape since.

Some areas are easier and some areas are harder since May 2003 and some areas have enurements since then only. If you are in the latter you will get an enurement.

So there are LOTS of variables I must warn you. Read the new county development plan and look at the 5 categories of landscape and 5 categories of something else and look at the old one with 3 or 4 categories .

Categories 1 2 and 3 (now) could get an enurement. It was 1 and 2 in the old one but not everybody got one which is a cause of much resentment because the system was so unfair and opaque in practise. Also not the areas that get LIFETIME enurement (National Parks and Cat 5 landscapes) and those that are 10 or 15 year .

Would welcome advice on whether this is the likely outcome if I apply for change of house plan - in the Galway area.

Try a pre planning meeting and asking them, not that it matters because some Galway planners spend their time lying and misleading people and ignoring their own assurances . Some of them are completely out of control in there .

Ask the planner to 'sketch' an improvement for you , make sure you have a witness there beside you , a 'builder' you know .....could be anybody who can read a plan and has a degree. Be very very careful to keep the sketch and to keep the subject of the meeting to aesthetics only. If the planner volunteers any reason why they may have an issue then note it down. If not note that.

Also contact sanitation (water and sanitation) and ask them if they would have an issue with a resubmission

Also see if speed limits have changed, if you are in a 50kph now the roads people could block the new application .

 

[mickeyg]

Thanks for that informative reply.

 

[Guest107]

Some people keep an eye on which "Planning Agents" are active in their area and what their results are like.

Some people even go so far as to design their own properties, hand the design to one of these agents who is getting results in the area at that time and let the Agent present the design as 'their own' when the Agent goes into planning meetings on their behalf. This can be astonishingly effective as a tactic for getting permission in Galway.

I would even go so far as to say that an honest person, designing and applying for permission for a property in Galway County, has almost no chance whatsoever of getting planning permission even if they follow every guideline published by Galway County Council to the letter and comma and dot. The real rules are secret.

Galway Council even got away with twisting the consideration of a housing need application about so that it primarily applies to the field and not the person .

While there are some sound planners the place is full of third rate ba degree holders with far too much power and no responsibility for their actions and who think the bord pleanala is there to protect them from the consequences of their mendacity.

Just look at the language clause enforcement