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Couple Ordered to Demolish House - any update?

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  • Registered Users Posts: 14,446 ✭✭✭✭Dav010


    I have no intention of following you down a rabbit hole, experience has taught me that no good comes of it.

    The EU actually ruled on the discriminatory nature of planning permission (The Flemish Decree 2013), the implications for Ireland are outlined in this 2017 Oireactas note.

    https://data.oireachtas.ie/ie/oireachtas/libraryResearch/2017/2017-05-08_eu-law-and-local-residency-requirements-for-planning-permission_en.pdf

    There is also a newspaper article about it here:

    https://archive.ph/JQxRP



  • Registered Users Posts: 34,648 ✭✭✭✭Hotblack Desiato


    Why should someone be allowed to build a one-off house just because they previously lived in the area?

    If it's appropriate to build there then anyone should be allowed. If not, no-one. And it's almost always "not".

    Fingal County Council are certainly not competent to be making decisions about the most important piece of infrastructure on the island. They need to stick to badly designed cycle lanes and deciding on whether Mrs Murphy can have her kitchen extension.



  • Registered Users Posts: 19,375 ✭✭✭✭Donald Trump



    I'm well aware of all the guff that is quoted in relation to the subject. You can probably go through 10 years of boards threads where people "discover" an article about the EU and have a story about impending prosecutions and fines for Ireland.

    If such measures ever succeed (and they won't), the discrimination would simply be eliminated by disallowing all rural housing. It won't allow a free-for-all. While I am sure that is what some bitter begrudgers would like, it would just result in a destruction of many rural communities over the next generation or two.


    The article that was originally posted on the thread was from 2007 and was relating to a formal notice from the EU Commission. The normal time allowed for a response is 2 months. After that, the Commission gives its opinion if it doesn't consider the matter resolved and sets out a time period for the issues to be fixed. After that, it goes to the European Court of Justice. Suffice to say that if it was going to run anywhere at that time, it would have done so by now.

    Post edited by Donald Trump on


  • Registered Users Posts: 19,375 ✭✭✭✭Donald Trump


    Why should someone be allowed to build a one-off house just because they previously lived in the area?

    They aren't. That is not the case anywhere in the country.



  • Registered Users Posts: 19,647 ✭✭✭✭Muahahaha


    Just as an aside to all this I know two brothers who recently built a home each on sites on their fathers farm in Co.Meath under the local needs provisions. Meath County Council made them jump through hoops to get planning permission, one of them was getting guff off the planners because he works in Dublin and they were saying sure you are not farming the land therefore you dont have a local need.

    They just wanted their children to live next door to each other growing up on the family farm, for all 4 kids to go to the same school together and with the grandparents down the road being able to see them everyday. But the Council looked like they were going to throw a spanner in the works at one stage. They got it in the end but it was a huge battle.

    Needless to say then that when the Damien English story came out and it was revealed that he got planning permission in Meath with no hassle by lying on his application to County Council and getting away with it they were absolutely fuming compared to the stress that they were put through during the planning process.



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  • Registered Users Posts: 39,269 ✭✭✭✭Mellor


    There are not “exemptions” based on local needs. They are the rules. Those rules are discriminatory. The fact they exist is the issue. Not hard to grasp.

    Whether somebody is originally from the area, or not has no bearing on the planning impact or the conservation - which you claimed was the goal.



  • Registered Users Posts: 14,446 ✭✭✭✭Dav010




  • Registered Users Posts: 19,375 ✭✭✭✭Donald Trump



    Where a person is from is not a sufficient factor. However, having lived in a location is usually a prerequisite for establishing a local need (obviously). I can't claim a "local need" to build a house on Achill Island as I've never been there, but I am sure that a person who is living there and helping their parents in their local business or farm, or even to take care of those parents in their old age, would have a plausible starting point for claiming to have a local need. Note that they would still have to prove a need. Some on here appear to be under the misapprehension that a person only needs to say "My name is Jimmy Murphy and my father went to school down the road" and they can build what they like.

    If I remember correctly, the criteria in my area as an initial filter for local needs is to have lived there for 15 years. You could pass that if you moved into the area from Lagos in 2008.

    Society wants to limit the number of one-off houses. But it also has to be reasonable and practical. So there has to be some exemptions. Going back to the lighthouse example, it would be very stupid if the local Council decided that it could not allow a free-for-all but that it could allow one house, and decided that instead of allowing the lighthouse operator to build the house, instead allowed a French millionaire to build a holiday home instead. If you want a more common example, a child helping their parents to run their farm has a genuine local need (note that again, it does not even guarantee permission) and it is something which society needs............unless you would prefer the country to stop producing food within the next generation.


    The default position is that they will not allow one-off houses. They have exemptions to that policy for local needs. It shouldn't be hard to grasp.


    If you would like to live in a rural area, you can buy an already existing house anywhere you want.



  • Registered Users Posts: 19,375 ✭✭✭✭Donald Trump



    Don't worry Dav10, not everyone is afraid of facts.



  • Registered Users Posts: 39,269 ✭✭✭✭Mellor


    Not sure “where” you mean. But no ragrats!



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  • Registered Users Posts: 19,375 ✭✭✭✭Donald Trump


    Wherever someone is from presumably. You're more than welcome to come and visit here Mellor.


    Just don't expect to stay too long. No planning permission for blow-ins around here :-)



  • Registered Users Posts: 39,269 ✭✭✭✭Mellor


    Most of that is incorrect to the point of being complete nonsense. I was under the impression you worked in the industry?

    However, having lived in a location is usually a prerequisite for establishing a local need (obviously).

    A local need has no basis on conservation or good planing (what you claimed). Pointing out it exists does not justify it.

    Some on here appear to be under the misapprehension that a person only needs to say "My name is Jimmy Murphy and my father went to school down the road" and they can build what they like.

    I don’t think anyone has suggested they can build what they like. If anything you the one suggesting that removing local needs results in a free for all. Nonsense stuff.

    Good planning policy such as densities, land use, zoning, set-backs, vernacular design, still applies. That’s a given. Local need does not impact any of that, claiming it does pretty uninformed.

    But it also has to be reasonable and practical. So there has to be some exemptions

    As I said, they are rules, not exemptions. Planning rules should be based on good planning policy. That’s hardly controversial.

    it would be very stupid if the local Council decided that it could not allow a free-for-all but that it could allow one house, and decided that instead of allowing the lighthouse operator to build the house,

    Why would removing local requirements prevent the lighthouse operator from building a house?

    a child helping their parents to run their farm has a genuine local need (note that again, it does not even guarantee permission) and it is something which society needs............unless you would prefer the country to stop producing food within the next generation.

    Again why would the child be prevented from building a house? You seem to be suggesting that the only alternatives to local needs conditions is to prevent all housing, or allow unlimited housing. That’s a pretty clear false dichotomy, to the point of being disingenuous.


    The default position is that they will not allow one-off houses. They have exemptions to that policy for local needs. It shouldn't be hard to grasp.

    I’m well aware local needs policies exists . No idea how how you think grasping their existence is the issue. The issue is you woeful understand of what happens if they are removed.



  • Registered Users Posts: 19,375 ✭✭✭✭Donald Trump



    I have no idea why you are ranting on. I have pointed out to you a few times that "conservation" comes into the default position of not allowing any houses. "local needs" comes in then as an initial filter for an exemption to that. You appear to have gotten a bug in your head - a strawman - that I am somehow saying that allowing "local needs" is to increase conservation. Passing that filter is not a sufficient criteria to be granted planning permission. It is only a filter.


    As for partially quoting sentences in order to "debunk" them, well when you are doing that, you are losing the argument.


    You need to tell us your proposed solution. You have implied that the child helping their parents run their farm won't be stopped from building a house in the locality. And you don't want a free-for-all. So are you going to give the French millionaire the exact same right to build a holiday home as the child working on their parents' farm has to building a house? How is it going to work in your model.


    Would you apply the same "discrimination" arguments to the provision of social housing?



  • Registered Users Posts: 28,939 ✭✭✭✭AndrewJRenko


    Your story doesn't show that the Council did nothing. It shows that the Council made a decision not to prosecute, for whatever reason - maybe because they know that a 3rd party report of a reg number doesn't stand up in Court. A reg number doesn't tell them who did the dumping, it just tells them who owns a vehicle. As litter fines aren't traffic offences, the driver isn't required to identify the owner afaik.

    There's lots of good reasons for not prosecuting, which the person reporting wouldn't be aware of.



  • Registered Users Posts: 20,047 ✭✭✭✭cnocbui


    If you have exemptions, then it follows that all rejections are discriminatory. Local councils have discriminatory planning regulations. If a foreign worker were to move to an Irish rural area, apply for planning to build a house, and be rejected on the basis of not being an in-bred local, and then took this to the EU and it ended up in the ECJ, Ireland would lose the case and change would be forced on them. The fact the EU Commission tends towards gutlessness doesn't mean they wouldn't prevail if they took it further. Ireland seems to have made a sport out being cute to the principles of the EU. VRT, locals only planning laws, pharmaceuticals, particularly generics, state aid when taxing multi-nationals.



  • Registered Users Posts: 19,375 ✭✭✭✭Donald Trump



    It's not the Special Olympics - there isn't a medal for everyone. Not everyone can have everything that they want, or that they might want at some point in the future. If you want to take some particular interpretation of the word "discrimination" then you are welcome to. Feel free to take a case to the CJEU on discrimination because Elon Musk won't give you the CEO job at Twitter if you want.


    BTW, we managed to get rid of the most in-bred of the locals back about 200 years ago when they were shipped off to Van Dieman's Land or similar.



  • Registered Users Posts: 3,831 ✭✭✭Odelay


    Yaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaawan.



  • Registered Users Posts: 40,411 ✭✭✭✭ohnonotgmail


    The council dig through the rubbish and try to find letters or similar with a name and address on it. my sister got a fine for this despite it not being her who actually dumped the rubbish.



  • Registered Users Posts: 28,939 ✭✭✭✭AndrewJRenko


    Yes, they can do that. You’re responsible for dumping if you give your rubbish to an unlicensed operator.



  • Registered Users Posts: 60 ✭✭Qŵèrþÿ


    Planning permission should be abolished on private property.



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  • Registered Users Posts: 28,939 ✭✭✭✭AndrewJRenko


    So you don’t mind if I build a six story monstrosity adjacent to your property, overlooking your bedroom windows, with a small abattoir operating during evenings and weekends, with all the associated sewage and decay odours?



  • Registered Users Posts: 14,875 ✭✭✭✭elperello


    There are already several situations in which you will not need pp covered under exempted development.

    Things like extensions and garden sheds.



  • Registered Users Posts: 7,343 ✭✭✭bladespin


    Good point but Meath PP seems to ignore these and focus on smaller private planning applications to a ludicrous degree, allowing meat processors to pollute rivers freely while Joe Blogs gets roasted over the shape of a window.

    I agree with PP in general but they don't do themselves any favors at all.



  • Registered Users Posts: 14,875 ✭✭✭✭elperello


    Part of the reason for the more concentrated emphasis on planning enforcement is the fact that it is a responsibility for the local authority to carry out enforcement under the planning act.

    Once a complaint is made the planning authority must investigate within a statutory timeframe.



  • Registered Users Posts: 7,343 ✭✭✭bladespin


    Em, ok, my point is they lay themselves oven for criticism and scepticism, there have been numerous 'irregular' permissions granted while the average person will struggle massively to get planning for a basic home, maybe that's a little clearer.



  • Registered Users Posts: 1,618 ✭✭✭El Tarangu


    ah jaysus ... they don't have a housing crisis in Japan because they are in a state of demographic collapse. They have plenty of spare houses because the people who used to live there are now dead.



  • Registered Users Posts: 14,875 ✭✭✭✭elperello


    Understood.

    I thought you were referring to planning enforcement.



  • Registered Users Posts: 20,047 ✭✭✭✭cnocbui


    Those demographics claims are suss and gradual. The only houses going empty I have heard of are in rural villages and towns where most people don't want to live, so much so that some villages are offering 'free' houses to young families.

    A family memeber knows someone who returned to Japan, was given some land, submitted plans for a house, had it approved and then got Toyota to build the kit in their factory, who then transported it to the site and erected the house in 2-3 days, it being ready to be moved into, immediiately.

    From arriving in Japan to moving into the house was around 12 months.

    ah jaysus yourself.



  • Registered Users Posts: 2,847 ✭✭✭CrabRevolution


    What's "suss" about Japan's population decline? It's a well covered story worldwide. Their population peaked in 2010 and has been declining since. Compounding this is that fewer and fewer babies are being born every year, so there's no demand for new housing for families.



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  • Registered Users Posts: 17,929 ✭✭✭✭Thargor


    Didnt they already do this with some other shocking new evidence a year or two ago? Is this their plan now going forward?

    Couple who built house with no planning permission seek injunction preventing demolition over ‘new evidence’ | Independent.ie

    Anyone got a better update on whats the story lately? Cant get past that Indo paywall the usual way.



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