Sterilised Land & Planning
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I am looking for a bit of advice in regards to sterilised land and the planning process. A relative has agreed to purchase a plot of land subject to planning permission and has had an application prepared by a local architect. The planning has been refused on the bases that the land is sterilised. The council has agreed that he would meet all the other criteria for local needs for the development and didn’t in principle have an issue with the design so the only stumbling block on the progression is the sterilise land or would appear to be anyway.
My question, is there any way around the land sterilisation, i.e.: can you rescind it or have it lifted, would it have a time limit or if he were to purchase the land now will the sterilisation pass to him as the new owner or would the purchase effectively nullify it. -
Just don’t sterilize your architect if you haven’t already… he might get angry…
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My question, is there any way around the land sterilisation,
A) That depends on why the land was sterilized. Sometimes its to maintain a low density, sometimes its to maintain distance between developments, sometimes its proximity to a septic tank or a water course, sometimes its a reservation adjoining a motorway. Unless you state why the land was sterilized, its impossible to advise you.
i.e.: can you rescind it or have it lifted,
A) See answer above
would it have a time limit
A) Sterilization is usually not time limited, but circumstances may change.
or if he were to purchase the land now will the sterilisation pass to him as the new owner or would the purchase effectively nullify it.
A) Sterilization of land – whether under a provision of the planning acts, whether by a development plan zoning restriction, a special amenity order, a listed view, an architectural conservation area or whether its simply by a condition attached to a planning permission – like permission, usually goes with the land and the use of the land and adjoining lands. Its unlikely to cease with a transfer of ownership.
Not all architects develop planning expertise but most architects can read a previous permission or a current development plan.
Not all purchasers of land are au fait with the restrictions that can be placed on development, but the purchaser’s solicitor should have sought requisitions on title which should have pointed towards the pre-existing sterilization.
Looking back at your own question I think you will agree that you have provided very little information on which on which someone might offer comment.
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another reason for sterilisation is that the owner presumably a farmer has sold off lots of development site from his original and the last division may have been granted on the basis of entering into sterilisation agreement
find out who the original owner of the land wasand do a planning search to see what applications he/she has made and then go through them one by one and you may happen upon the sterilisation clause
solicitors should of picked this up prior to signing contracts
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