Re: Re: False information on planning application?
@henno wrote:
However, should an applicant develop lands outside of their ownership then that becomes a legal issue, pure and simple.
(nods)
Lets assume the land IS owned by the Council.
Regardless of any tacit agreement between the council and the builder to use the land for this purpose, if permission was granted for the installation on land not owned by the builder then, IMO unless there was some evidence of an agreement to this course of events by the owner [the Council] on file then the process may be questionable in retrospect.
Stepping outside the planning process for a moment and coming at this from two other angles; –
(i) I would think that matters of transfer of land might be best addressed by the State Solicitor, who I would hope was involved in any sale, lease or other arrangement.
(ii) I think Councillors are requried to be involved in the approval of Council lands for sale, although the County Manager may have an executive function and there may in fact nowadays be a tendering requirement, so as to avoid cosy arrangements and obtain the best price for the land.
Ergo, whether or not there was a tacit agreement in place, I believe [this is not stating as fact] that some legal arrangement may have been required to be entered into and evidenced SOMEWHERE, whether on the Planning File or in a document lodged with the State Solicitors office for the Council/UDC in question.
I also believe [again, this is not stating as fact] that this legal arrangement may have been required to be passed through due process for sale of land owned by the Council, involving a nassessment of best pricing and a ratification of the sale by the Member [Elected Representatives] of the Council.
HOWEVER, where adverse possession is being claimed a whole other set of rules and regulations in the legla sphere come into play and all the above may be totally irrelevant.
After all, if the Council have not determined ownership in their favour, they cannot enter into a legal agreement to sell the land.
You could then address queries to the ESB’s legal team and see what asasurances they were offered in relation to access.
ONQ.
