James Reilly (Fine Gael) | Oireachtas source

I, too, welcome the Minister. I come from a rural part of Fingal which has a large rural catchment area which includes the villages of Ballyboughal, Naul, Oldtown, Garristown, Rolestown, Corduff, Lusk and Walshestown, as well as other rural areas near the towns of Skerries, Rush, Swords and Balbriggan. A recent European Court of Justice ruling appears to affect the right to planning permission in those areas and other counties. I understand the court has ruled that under the principle of free movement of people within the European Union, it is no longer valid or acceptable to restrict planning permission in rural areas to locals and to insist that those to whom planning permission to construct houses will be granted should live in these houses for seven to ten years. All of these restrictions seem to have been struck down by the court's ruling. The seven-year residential rule was introduced to ensure local people with genuine housing needs could receive planning permission in rural areas with which they had extended family ties.

As I have not seen a copy of the ruling of the European Court of Justice that has been mentioned in the media, I am relying on recent reports in The Sunday Business Postthat have referred to concerns in this respect. When I looked at the Fingal development plan map yesterday, I counted 26 areas that had been designated as rural clusters. Only locals can apply for planning permission in areas with such a designation. The 26 designated areas of various sizes, from five to possibly 25 houses, must all be in doubt because of the ruling of the European Court of Justice. Who can obtain planning permission in these areas? We need clarity on the issue as soon as possible. Under the Fingal rural housing policy, planning permission for close family members is restricted to two family members in the case of farm families and to one family member in the case of local dwellers who are not farmers. The ruling of the European Court of Justice has happened and is in place. My understanding is the Government and the local authorities must recognise the jurisdiction of the European Court of Justice and take the ruling into account.

What is the current position on the various categories under which the granting of planning permission is possible? Farm families and families living in rural areas might not be able to raise the finance required to construct family homes in their localities if there is a doubt about the legality of their ability to obtain planning permission, or about the legality of planning permission they have already received. We need clarity and a direction on these issues in order that we will have a fair, reasonable and practical rural housing policy in place that will protect the countryside, while allowing farm families and families living in rural areas to obtain planning permission. This is very important from the point of view of maintaining rural communities and the extended family. It gives people the capacity to remain in their homes, while being supported by the following generation and supporting them in raising their kids.

I look forward to the Minister's reply. I hope he will be able to assure my constituents that there will be clarity and fairness under rural housing policies as they affect many counties, including Fingal.