Jan O'Sullivan (Limerick City, Labour) | Oireachtas source

I thank the Senator for raising this issue. The sustainable rural housing guidelines for planning authorities which were published in April 2005 are designed to achieve a balance between a good planning framework for rural housing and the local housing needs of those who are part of or have links with local rural communities. The guidelines elaborate on and consolidate the approach on rural housing in the national spatial strategy 2002-20 which, inter alia, promotes sustainable rural settlement as a key component of delivering more balanced regional development.

Section 39 of the Planning and Development Act 2000 provides that a condition attached to a grant of planning permission for a house may specify that the house must be occupied by persons of a particular class or description, that is, an occupancy condition, with provision to that effect to be incorporated in an agreement under section 47 of the Act. The guidelines set out how planning authorities should frame their development plan policies for the different types of rural areas within the development plan area such as rural areas close to large towns and cities or those suffering from population decline. The guidelines make it clear that occupancy conditions are only appropriate in certain cases such as permissions being granted in areas close to the larger cities and towns which are under strong pressure for urban-generated development and permissions being granted to a permanent resident in an area in which there is an over-concentration of holiday or second-home development. The conditions also normally specify that planning authorities can give consent to the occupation of the dwelling by a different person with the same category of need as the applicant.

The approach set out in the sustainable rural housing guidelines for planning authorities on the use of occupancy or residency clauses remains valid. I am satisfied that the guidelines are being implemented effectively and fairly. I will continue to keep them under review in this regard. I will certainly take on board the points raised by the Senator, but it is really about achieving a balance in areas under particular pressure in certain parts of the country. I again thank the Senator for raising the issue.