I have been given a site in rural Carlow from my uncle whom I looked after for many years. He owned a farm which has been given to another. I am now retired and would love to build a house on this site but have been told by a local councillor that it is a case of “local needs only” in the particular area. As we already have a house and live in another county is there a chance that we may be able to get planning permission? The land in question was where my mother was born and reared and my uncle subsequently lived there until he died recently. I had been looking after him for many years and more recently almost permanently until he died. What are our chances, if any, of getting planning? There is no point in having the site really unless we can live there, which we would dearly love to do.
Thomas Acker writes: For anyone seeking to develop a rural site, there are a couple of planning-related issues which it's a good idea to double check at the outset. The first thing to consider is the plot title and boundary. Is the plot well defined physically? Hedges and fences can prove contentious, and disputes can easily arise.
Secondly, is the plot suitable for development in terms of soil type, drainage and access? You should keep a written record of all discussions with neighbouring landowners – including the person to whom the farm was left – and check if there are any concerns or issues which need to be addressed. Issues with access for example can arise and it’s a good idea to communicate in an open manner and seek professional advice if required.
The Carlow Development Plan 2015-2021 Section 2.7.1 sets out the requirement for development of this type which would be broadly reflective of other counties in Ireland, ie you must be resident in the local rural area for a period not less than three years at an 8km radius. The Wicklow County Development Plan 2016-2022 is more demanding with a requirement for local residency for at least 10 years prior to application for planning permission for one-off rural housing. Irish Planning legislation is likely due an overhaul with the “local” requirement possibly being viewed as discriminatory. It may be replaced with a provision relating to employment in agriculture. County development plans and zoning also change so it’s worth keeping an eye out. However, I do not want to give false hope and the site does not appear practical for you to develop as outlined in your query.
I am not familiar with specific details of the site or the local market but there would appear to be three possible avenues worthy of consideration.
1. Play a long game to establish local residency and employment based on county development plan requirements. A local planning consultant or architect with a track record of similar development could advise more specifically. The planning system will drill down on drainage, road access, ecology, and a variety of factors at the applicant's cost. However, for persons genuinely keen to work and live locally in a rural location this may be appealing.
2. Accept this is not for you and sell on the site you have inherited. The owners of the original farm which you say has been left to another (I am assuming a relative) would have an easier time converting the land to residential use. There may also be some marriage value for them if it abuts or is local to their farm as it would be convenient for them to access and manage. If you are unable to agree a price you might agree to appoint a chartered surveyor with local rural practice experience to give an independent opinion of saleability and market value.
3. If you are still keen to retire near to the farm where your mother was born and still have relatives it would be more practical to purchase an existing dwelling nearby. There are benefits and disadvantages of a rural location not least the driving and distance from amenities and you might also consider nearby towns. If you are still determined to go for a rural setting and want a project look for a dilapidated or non-habitable house near the farm that can be modernised or even razed, and a new house built in its place. This would be much more straightforward from a planning perspective.
Thomas Acker is a registered valuer and member of the Society of Chartered Surveyors Ireland, www.scsi.ie
