Are You Affected By A Restrictive Planning Agreement?

Many of our Land and Rural Business newsletter readers will be aware that, until relatively recently, rural development proposals have often been granted planning permission subject to the conclusion of a restrictive planning agreement.

In the case of a new house in the countryside, such agreements have often 'tied' to the land by way of a restriction on the sale or disposal of the house separately from an associated rural business, and/or restricting the occupancy of the house to an agricultural worker or other specified category of individual.

Where the planning agreement is registered against the title, as is standard (whether land or sasine registered), then the same restrictions bind any future purchaser of (or successor to) the land. This can lead to difficulties selling affected land/property and also constrains the ability to obtain a mortgage.