Occupancu Clause

@An oighir wrote:

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?

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

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…

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!

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?

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!

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