planning permission

[triciamonty]

my sister applied for and was granted permission for a house on a family owned site.however due to a change in personal circumstances she didnt proceed with the build. i built on the site ,building same type of house planning was granted for. that was 5 years ago.now she has bought a 1 acre site and is applying for planning ,just down the road from here. will there be any difficulties with the council over this...........tanks for any replies in advance....

 

[onq]

Hi triciamonty,

This sounds deceptively simple, but isn't.
Planning Permission goes with the land, not with the applicant.
However development plans may include specific requirements for applicants.
Permissions granted on foot of such development plans can contain certain restrictions for applicants in relation to the occupation of the house.

Some of these have been questioned colloquially, but not in court AFAIK.
[happy to stand corrected on this, BTW, so speak up anyone who knows more].

Depending on whether your sister was conditioned to live in the house she applied for, for a certain period of time, there could be a planning enforcement issue involved.
Depending on whether or not you built the house per the drawings there may be another type of planning enforcement issue involved.

There may be a way to avoid enforcement by allowing time to elapse, but I'm not sure.
Without knowing more, I cannot say more.

HTH

ONQ

[broken link removed]