Lorraine Higgins (Labour) | Oireachtas source

I welcome the Minister of State and thank her for taking this matter on the Adjournment. I request that she clarify the legal position on planning conditions otherwise known as enurement clauses which are imposed by some local authorities and have the effect of restricting the sale of a dwelling house for a period of time. A significant number of people in my constituency in places such as Kinvara, Ballindereen, Athenry, Loughrea and Craughwell have had such clauses attached to their planning applications. The clauses specify that applicants must come from the area in which they are seeking permission to build; that use of the proposed house is restricted to the applicant and the applicant's family, heirs, executors and administrators; that persons must be involved in agricultural or related activities; and that the applicants must satisfy a housing need stipulation.

Very often enurement clauses can last for a period of seven or ten years. However, the draconian effect of such clauses can be clearly seen in what Galway County Council did in 2007 when it decided that a 15 year enurement clause would attach to all planning permissions granted in Connemara. While I accept that the purpose of an enurement clause is to enable the planning authority to grant permission for residential developments in controlled areas, these clauses are, in effect, controlling to whom the property owner may sell a property. In the circumstances, we must acknowledge that this is essentially a discriminatory practice. Enurement clauses appear to be in breach of the right to property, as outlined in chapter 2 of the Charter of Fundamental Rights of the European Union, the free movement of people and other relevant EU legal measures.

We must be very careful about breaching people's rights, in particular, their constitutional rights. It is essential that we implement practical national measures in order that citizens can rely on them and be allowed to enjoy the full benefits of their property rights. With this in mind, there must be some flexibility with regard to these clauses. We must be mindful that these are different times from those during the boom when these clauses were first introduced. People have become unemployed and need to move house to follow employment opportunities. Some are in negative equity and seeking to limit their losses. At best, the people concerned are prevented from selling their houses in the wider marketplace and, at worst, these clauses are preventing people from moving on with their lives. This is a very important issue, on which I would appreciate a response regarding the plans the Government may have to address the legal anomalies.