Section 47 Occupancy Condition

Section 47 Occupancy Condition

Postby Jack12 » Sun Oct 05, 2008 11:28 pm

Hi there, I wonder if anybody can give me some advice or share a similar experience on a Section 47 Occupancy Condition predicament that I have?. I achieved planning consent in January 2006 for the construction of a bungalow in rural Donegal with the inclusion of a 7-year Section 47 Occupancy condition. I had originally intended to live there as per the condition once construction was complete. However, during construction I met my [now] fiancé who is from New Zealand and that's' where I currently reside. My long term intention is to return to live in the Donegal property which has been constructed for over 1 year now. My predicament is that I am restricted from renting it out which means I have a mortgage loan to repay whilst not receiving any income to offset it which is becoming very difficult financially. I read somewhere that such conditions were being reviewed in line with European Law but haven't seen anything recently. Does anybody know if there are any waivers to this condition or precedents that mean it can be challenged? Any advice would be greatly appreciated.
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Re: Section 47 Occupancy Condition

Postby nuac » Mon Oct 06, 2008 5:43 pm

Views have been expressed that occupancy and similar conditions in planning permissions are either unconstitutional or contrary to the European Convention of Human rightss.

The Planning authority could claim that under the County Development Plan that the particular house could not have been permitted unless it was for occupation by a family member or whatever.

You would have to appeal the condition to An Bord Pleanala or week judicial review ( within 8 weeks of the permissions ) The former a reasonably affordable remedy, the latter not.

If your circumstances have bona fide changed the Planning Authority might waive the condition if you can satisfy them as to the facts
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Re: Section 47 Occupancy Condition

Postby Jack12 » Mon Oct 06, 2008 9:18 pm

Thanks for that. A request for a possible waiver seems to be the only viable option at this stage so I will pursue that.
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Re: Section 47 Occupancy Condition

Postby escheer » Sat Aug 21, 2010 8:01 am

Hi Jack 12,
I have a similar problem in Offaly, the 7 year family residence condition, providing that application can be made to Council for permission for another who can show similar needs to reside there. Did you have any luck getting your waiver?

There is this question over whether such conditions are discriminatory, although as far as I know nothing has been definitely decided, Ireland is defending its policies itself in EU circles. Although the omission of such conditions from plans and permission in recent years seems to me to be an admission that they were not all that kosher.

Any views, info, advice would be gratefully received.

Thanks
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Re: Section 47 Occupancy Condition

Postby henno » Mon Aug 23, 2010 3:38 pm

escheer wrote:Hi Jack 12,
I have a similar problem in Offaly, the 7 year family residence condition, providing that application can be made to Council for permission for another who can show similar needs to reside there. Did you have any luck getting your waiver?

There is this question over whether such conditions are discriminatory, although as far as I know nothing has been definitely decided, Ireland is defending its policies itself in EU circles. Although the omission of such conditions from plans and permission in recent years seems to me to be an admission that they were not all that kosher.

Any views, info, advice would be gratefully received.

Thanks


such conditions are a matter of course for most 'one offs' that i know of... the sustainable rural housing guidelines call for them specifically in areas under pressure from urban generated rural housing.
If you are seeing permissions without its most probably they are in areas of low pressure or on sites which are serviced.
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