Simon Coveney (Cork South Central, Fine Gael) | Oireachtas source

I thank the Senator for raising this matter and welcome the opportunity to provide an update on the review of the 2005 planning guidelines for sustainable rural housing which is being undertaken. As the Senator suggests, the review arises from a judgment of the European Court of Justice in 2013 in a case taken by the European Commission against Belgium, now referred to as the Flemish decree case. As Senators will be aware, the 2005 rural housing guidelines require planning authorities to frame the planning policies in their development plans in a balanced and measured way to ensure the housing needs of rural communities will be met, while avoiding excessive urban-generated housing and haphazard development, particularly in areas near cities and towns that are under pressure from urban-generated development.The guidelines further aim to ensure that sites being developed for rural housing are suitable with regard to vehicular access and wastewater disposal, and also from landscape and design perspectives. In this regard, the guidelines suggest a number of criteria to be taken into account in local authority development plans for the purpose of assessing whether planning applications for rural housing are intended to meet a rural generated housing need. These "local needs" criteria in the guidelines primarily relate to requiring planning applicants to have a family or an occupational tie to the rural area in question.

The European Commission originally issued an infringement notice against Ireland in respect of the rural housing guidelines in 2007 which was subsequently deferred pending the outcome of the European Court of Justice, ECJ, "Flemish Decree" case against Belgium. The decree linked the transfer of property in certain Flemish communes to the condition that there should exist a sufficient connection between the prospective property buyer and the relevant commune, which had the practical effect of precluding non-locals from purchasing property in the Flemish communes in question. The court ruled that the Flemish decree constituted an unjustified restriction on fundamental freedoms under the EU treaty, in particular that it breached Article 43 of the treaty on the free movement of citizens. Following engagement between the European Commission and my Department on the 2005 rural housing guidelines since the court ruling, planning authorities are being consulted about making changes to the 2005 guidelines to ensure that rural housing policies and objectives contained in county development plans comply with Article 43 of the treaty on the freedom of movement of citizens. As part of this consultation, a working group comprising representatives of my Department and planning authorities has been established to review and, where necessary, recommend changes to the 2005 guidelines. The group is due to hold its first meeting next week.

On conclusion of the group's review and consultations with the planning authorities, my Department will engage with the European Commission on proposed changes to the guidelines, with a view to issuing revised guidelines to planning authorities in due course, and which will likely be issued in the form of a circular letter to planning authorities. When finalised, the revised guidelines will be issued under section 28 of the Planning and Development Act 2000, as amended, and planning authorities, and where appropriate, An Bord Pleanála, will be required to have regard to the revised guidelines in the performance of their statutory functions under the planning Act. Pending the completion of the working group's deliberations, which it is intended will be concluded in the latter half of the year, the existing 2005 guidelines remain in place.