Occupancu Clause

[An oighir]

Hi - i am wondering if anyone has had any recent development in this area -

i purchased a site in early 2006 got planning finally in oct 2007 commenced in Nov 2007 complete July 2008.

[henno]

Hi - i am wondering if anyone has had any recent development in this area -

i purchased a site in early 2006 got planning finally in oct 2007 commenced in Nov 2007 complete July 2008.

whats your question?

[An oighir]

Hi Henno - sorry i am new to this and my question went up before i finished!!

as i said i got planning some time ago - economic circumstances have changed my position and i am forced to sell -

brief history - arranged a purchaser in sept 08 - her mother from the area originally , she still has family there - send in all corr to council even sent in letter and put on public display that i am financially strained

they have refused the application and i told them that i cannot possibly live there, i see this has been debated in detail before but i am wondering has there been any developments since - i know that Charlie McCreevey answered a question on 22nd Dec 08 relating to this clause in European Parliment and stated that that this clause may contravine articles 43 & 56 of EC treaty.

all this is well and good but i am not in a position for this to be passed.

i am going to appeal to the board and hope they see my side,

this is a bona fide case and the authority play god without having displayed proper dilligance in assessing the file.

any advice would be very helpful.

many thanks

[henno]

an oighir, it has become common place with the local authorities i have experience with to include a sub-clause with the occupancy condition stating that "this condition shall not affect the sale of the dwelling by a mortgagee in possession or by any person deriving title ffrom such a sale"

What you are trying to do is a legal matter and needs to be dealt with by a solicitor. It is possible to apply to the courts to allow you to sell if you can proove that you are in financial difficulties or are going to default on a loan..

my advise is to consult a solicitor...

[An oighir]

hi henno - i have exhausted that avenue - went to dub to meet with sol and bank on fri - the reason i want to try get around this without going that avenue is that it will take 18-24 months to pursue through courts- i have a purchaser now - in essence i feel betrayed by the inability and incompetence of the planner to assess the file on an individual manor -

i made a representation to MR McCreevey to get a copy of the circular that was posted to all planning authoroties in june 2007.

it is a failure that each file is not given proper due diligence.

i suppose atthis stage the best i can hope for is the board carrying out that work.

because banks have such a say in these circumstances they should be ale to exercise their power in a more streamlined manor besides going to a point where they make a client default, i have a client right now they should be able to say that they want to step in this week and see this through!

[henno]

I assume you have made an application to remove the condition and it has been refused... i also assume that you have appealed this to an bord pleanala...
This appeal may take 6 - 8 - 10 months....

Forget the European angle, this is lip-service at best with no legislative foundation, its a dead alley from the point of view of your situation.

Having a purchaser now is also external to the situation.

The planning conditions are a legal document. The only way they can be changed is by means of a legal process, whether through the courts or through the planning system.

what exactly did your occupany condition state?

[An oighir]

yes i applied and they refused -

2a - permnent primary all year round residence for name applicant
2b - period for 7 yrs for applicant
2c - prior to occupation notify council
2d - they will concent to the sale by any lending institution in posession

the bank do not want to do this if possible - to be fair they are accommodating

i couls try arrange another meeting with the council and discuss their reasoning and re apply - but if the refuse again i just have to go to the board then!

i guss it is their way or forget it!

[paddy2005]

Could you let us know what county you are in ?.