Occupancu Clause

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    • #710355
      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.

    • #805915

      @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?

    • #805916

      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

    • #805917

      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…

    • #805918

      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!

    • #805919

      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?

    • #805920

      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!

    • #805921

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

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