Section 47 for Wexford

Section 47 for Wexford

Postby Pooka » Wed Feb 20, 2008 10:54 pm

I have planning permission for 2 houses in wexford- 1 for myself and 1 to sell.
Section 47 is going to become an issue for the house I want to keep.
How strict are they with this- how can they enforce it?
Any advice?
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Re: Section 47 for Wexford

Postby pico » Thu Feb 21, 2008 3:11 pm

Are you sure you mean section 47? What is it related to?
Section 47 from a quick google sems to relate to assault....
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Re: Section 47 for Wexford

Postby StephenC » Thu Feb 21, 2008 3:28 pm

I have a case with me at the moment where a S38 (the 1963 Act) agreement was conditioned to a parent permission, The applicant has subsequently applied three times to build another dwelling on the land but this agreement has been used against him each time. When used they can be very effective as a means of sterilising land and preventing speculative development. However, it is open to the County Manager to waive the agreement. You might try putting a case to him.
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Re: Section 47 for Wexford

Postby henno » Thu Feb 21, 2008 3:49 pm

Pooka wrote:I have planning permission for 2 houses in wexford- 1 for myself and 1 to sell.
Section 47 is going to become an issue for the house I want to keep.
How strict are they with this- how can they enforce it?
Any advice?


if you have permission for the two houses, 1 to sell and 1 for yourself.... then why is a section 47 an issue???

Section 47s become issues during a planning application, not after.......

Generally section 47s sterilise land against speculative development, and dont affect members of the landowners immediate family.
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Re: Section 47 for Wexford

Postby Pooka » Thu Feb 21, 2008 10:18 pm

thanks for the replies.

The section 47 I refer to ( perhaps incorrectly) is the condition that the first occupier of the house
must sign a occupancy agreement with the county council for a defined period of time ( 5 years) to use the house as their primary residence. This is very common in the Wexford area.
I just dont know how they can enforce the rule.
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Re: Section 47 for Wexford

Postby henno » Fri Feb 22, 2008 10:36 am

You would discover the way this condition is enforced if you tried to sell the dwelling within the 5 year period.
Any solicitor worth his/her salt would see this condition and not allow his/her client to purchase the dwelling as it would be a breach of planning conditions.
Plus, if the council found out, you may be subject to legal procedures as you would have broken a legal contract.

there is usually a clause in these to leave it open for a bank to repossess the dwelling if the is default on the mortgage.
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