local council xenophobia finally tackled
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Interesting, however, if an applicant for a once off rural dwelling in Wicklow does not tick the little box (on the application form) that says they are willing to enter into a S.47 with the planning authority then they will most likely get refused or have it imposed via condition anyway.
I would also be extremely sceptical about those figures and what they strictly call a S.47 agreement. All that happens in Wicklow is that, upon granting permission for a rural dwelling a condition is included regarding an occupancy restriction. This restiction (10 yrs) must be registered on the title deeds within a timeframe specified. Im not against the occupancy restrictions (by the way) I am just stating the situation in Wicklow.Those figures have my attention tho and I will check it out when I get the time.
Section 47s have only been used in the sterilisation of road frontage against speculative development, in my experience. Again, as far as i know, the occupancy condition is not required to be in accordance with section 47, it is simply a condition of planning.
In all of the applications i prepare, under the old regs, i alway answered that question with ‘unknown’. the main reason being that if its a case of an applicant purchasing a site then he doesnt have the authority to answer ‘yes’… its the landowner who is required to answer it. In the case of the applicant being the landowner, i always advised not to answer ‘yes’ unless that council requested section 47 agreement. This answer never caused an problems.
its interesting that this question has been removed from the current generic application form.
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