My father is trying to sell a half-acre of land he bought many years ago. He has it on the books of an auctioneer in the site’s locality. About eight months ago, he was told it was sale-agreed and the auctioneer said the prospective buyer had paid a deposit.
Several weeks ago, months after the sale-agreed notification, the auctioneer said the prospective buyer had pulled out of the sale because he (the buyer) had applied for planning permission but had been turned down.
I thought this was a bit strange, so I did a brief search and discovered that in such a situation (prospective buying), planning permission can only be sought with the written consent of the site’s legal owner. My father said he never gave his consent, either written or verbal.
I would be grateful if you could clarify this for him. His solicitor hasn’t returned to him with any response, so he asked me to investigate the matter.
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Statutory Instrument (SI) No 600/2001 of the Planning and Development Regulations, 2001, and specifically Section 22(1) (D) states that a planning application shall “state the legal interest of the applicant in the land or structure and, if the applicant is not the owner, state the name and address of the owner”.
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While this does not state outright that one must have the consent of the owner in a planning application, each local authority would appear to be adopting the approach that one cannot apply for planning permission without having sufficient legal interest in the property, or having the consent of the owner.
Throughout the country, if you check the planning checklists for local authorities, you will see that if the applicant is not the registered owner, the local authority will require a letter of consent to the application from the landowner when the application for permission is being submitted.
Any member of the public can view an application for planning permission. It is intended that the planning system is transparent and permits public participation
It is quite common when purchasing property “subject to planning permission” that contracts for sale be signed, exchanged and a deposit paid. However, a special condition would be inserted therein to allow a period of months for a planning application to be submitted and to allow a response from the local authority. Such a special condition can also make provision for further time to allow for an appeal to An Coimisiún Pleanála (formerly An Bord Pleanála).
The person selling the land will provide the proposed purchaser with a letter consenting to them applying for planning permission on their land, which will then be submitted with the planning documentation.
Any member of the public can view an application for planning permission. It is intended that the planning system is transparent and permits public participation. Planning permission records are public documents that enable the general public to understand, support or object to development proposals that may affect their environment, property values or local infrastructure. Transparency is the reason why legislation directs that site notices must be erected and published in a local newspaper. There is also a specified time wherein members of the public can make submissions on the application for planning permission.
I suggest that you go to your local authority’s website where you can search the planning register and see what documents were submitted as part of the application and view what in fact was uploaded. You should also be able to see the local authority’s rejection letter and the reasons for same.
Dean Carney is a solicitor with P O’Connor & Son
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