Richard Bruton (Dublin North Central, Fine Gael)
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Question 78: To ask the Minister for the Environment, Heritage and Local Government his views on the Law Reform Committee of the law society's view that positive discrimination in terms of one-off housing is in some cases in breach of the Constitution, the European Convention on Human Rights and EU law; and if he will make a statement on the matter. [11022/05]

Dick Roche (Wicklow, Fianna Fail)
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I propose to take Questions Nos. 66 and 78 together.

I am familiar with the recent report by the Law Society's reform committee entitled Discriminatory Planning Conditions: The Case for Reform.

Section 39 of the Planning and Development Act 2000, as was the case with previous planning legislation, provides that a condition may be attached to a grant of planning permission for a house, specifying that the house must be occupied by persons of a particular class or description, with provision to that effect to be incorporated in an agreement under section 47 of the Act. In effect, occupancy conditions are applied in certain circumstances as a mechanism to facilitate a positive approach to applications from persons who are part or linked to certain rural communities in circumstances where a different application might have to be refused.

In addressing the issue of occupancy conditions, the guidelines on sustainable rural housing state that such conditions are only appropriate in certain cases such as permissions being granted to persons with roots or links to areas close to the larger cities and towns under strong pressure for urban generated development and in the case of permissions being granted to permanent residents in an area where there is an over-concentration of holiday or second home development. The guidelines use illustrative examples to demonstrate that people who fall into the category of having local roots or links would include people who have spent much of their lives in rural areas and are building their first homes, farmers and their families, returning emigrants, people involved in forestry, inland waterway and marine related occupations, teachers in rural schools and other people whose work is predominantly in rural areas. This list is not intended to be exhaustive; planning authorities are asked to carry out their own assessment of the rural housing needs to be catered for in the areas mentioned, taking account of local conditions and planning issues and to add to the list as appropriate.

I am aware that in administering the planning code, planning authorities are required to act in a manner that is consistent with the norms of administrative and constitutional law, the European Convention on Human Rights law, EU law and equality law.

Following the publication of the finalised guidelines under section 28 of the Planning and Development Act 2000 on sustainable rural housing, it is my intention to monitor the effectiveness of the guidelines and in that context I will continue to bear in mind the concerns of the law society's recent report.