Local housing needs, some changes ahead!!!

zoubida

About time...

From selfbuild.ie

ROI ‘locals only’ planning rules on the way out


Sligo’s County Development Plan is being revised to remove ‘locals only’ planning rules, SelfBuild has learned, with counties Galway and Kerry considering similar moves

UPDATE 30 MARCH 2017: A spokesperson for the Department of Housing confirmed to SelfBuild changes to the rules at a ministerial level were underway:

“The Department is presently engaged in consultations with planning authorities regarding potential modifications required to the 2005 Planning Guidelines on Sustainable Rural Housing with a view to ensuring that rural housing policies and objectives contained in development plans comply with Article 43 (Freedom of Movement of People) of the Treaty on the Functioning of the European Union.”

“On conclusion of these consultations, the Department will be engaging with the European Commission on proposed changes to the Guidelines, with a view to issuing updated Guidelines to planning authorities on the matter in due course.”

According to current planning rules, restrictions to building a home in the countryside apply to green belt/sensitive areas and to rural areas under urban influence.

In both cases locals-only rules apply, but for rural areas under urban influence Sligo’s draft County Development Plan (CDP) 2017-2023 included a particularly onerous requirement, stating applicants had to build on a site within a 5km radius of their original family home.

Sligo Councillor Michael Clarke told SelfBuild a second draft has been finalised and this clause has been removed, along with other locals-only rules for rural areas under urban influence.

According to Clarke an amended CDP with relaxed one-off housing provisions is expected to be published in 10 days for public consultation. He expects the final CDP in three months’ time.

Sligo County Council’s Planning Department told SelfBuild the plan should be finalised by the end of this summer, “if not before”, adding that a “substantial number of material amendments were proposed” at last Monday’s meeting of Sligo County Council, including alterations to the rural housing policy.

“These proposed amendments will be placed on public display for a minimum period of four weeks. We are hoping to commence this round of public consultation before the end of April.”

These policies, Clarke said, are contrary to EU law in relation to restricting the movement of people and capital, an argument upheld by a 2013 European Court ruling.

For Sligo green belt areas and sensitive areas, restrictions will continue to apply, said Clarke, however it will now become possible for locals who own land that has been in the family for generations to build a house on these designated areas.

Under previous arrangements even if you were a local, Clarke said building on a green belt area was almost impossible.

National implications

Clarke told SelfBuild he has been liaising with Kerry and Galway councillors who are also looking to amend the one-off housing provisions of their development plans.

Galway Councillor Jim Cuddy confirmed to SelfBuild he would be tabling a motion at the next council meeting in April to remove planning restrictions on residents who wish to move outside of their town to build a home in a rural area under urban influence.

“This will have implications nationwide,” Cuddy told SelfBuild. “This won’t be particular to one county.” Cuddy is lobbying his local TD to change Ministerial Guidelines in relation to housing policy and believes the European Court of Justice ruling will force the issue.

This is not the first time these rules have been challenged. Ten years ago the European Commission questioned their legality; the Irish state at the time replied the criteria were “well balanced and proportionate”.

Metric Tensor

Is there a danger that rather than opening up planning as intended the consequence of this will be that even "locals" will no longer be able to get planning in certain areas?

The current system allows houses to be built by people with a genuine need in areas that would otherwise be considered inappropriate for a single house construction.

Now with the "local needs" requirements removed the planning authority are free to say a blanket "No" across the board to anyone applying in these areas.

BryanF

The artical above confuses 'locals only need apply' With green belts and and area of special conservation

I concur with MT

My main problem with the current situation and potentially this 'free for all' on rural housing, is IMO the nepotism and councillor/TD influence in the local authorities.

arctictree

My take on this is that the definition of 'local needs' will now change. Currently to satisfy local needs, you must be born in the area. Now you will have to prove a genuine local need to reside in the area e.g. farming etc...

Metric Tensor

arctictree wrote: »

My take on this is that the definition of 'local needs' will now change. Currently to satisfy local needs, you must be born in the area. Now you will have to prove a genuine local need to reside in the area e.g. farming etc...

That would be acceptable - but not what is being bandied about the place at the moment!

sydthebeat

i dont think anything will come of it to be honest.

The rural guidelines already make allowances for persons who need to work in the rural area, so therefore are not contrary to the free movement of people.

Requirement might have to be a little 'looser' such as the removal of the 5k requirement mentioned above, but all that will do is to put the decision back within the remit of the planners opinion, which more likely will be conservative.

if people think there will just be a 'free for all' they will be sorely mistaken... there would absolutely be a 'blanket ban' before there would be a 'free for all'.

sydthebeat

arctictree wrote: »

Now you will have to prove a genuine local need to reside in the area e.g. farming etc...

there is already allowances for that in the policy

arctictree

Kerry Co. Co. will be changing their guidelines:

http://www.irishtimes.com/news/ireland/irish-news/rules-in-kerry-on-one-off-houses-will-have-to-change-say-councillors-1.3074532

Angry bird

Interesting to see how this will play out.

finlma

I'm digging up an old thread here but has there been any change in policy from county councils since 2017? Are there any incidents of non-locals getting planning permission?

sydthebeat

finlma wrote: »

I'm digging up an old thread here but has there been any change in policy from county councils since 2017?

no

finlma wrote: »

Are there any incidents of non-locals getting planning permission?

plenty

look up "structurally weak" areas