John Cummins (Fine Gael)
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I thank the Minister of State for taking this matter. I am seeking the rectification and regularisation of planning permissions that were granted for holiday villages and allow them be used for full-time residential accommodation. This matter has come to my attention not only in my own county of Waterford, but also through being contacted by full-time residents in holiday villages in other parts of the country. They have tried to purchase the property they live in, and which the landlord is selling, only for the sale to be unable to progress due to restrictions on the original planning permission restricting the use of the property for holiday lets only. As the Minister of State will be aware, more and more landlords have been leaving the market, and there are many and varied reasons for that but as a result of the restricted supply, many of these homes in holiday villages throughout the country, particularly in coastal communities, are being used on a full-time residential basis without any issue.

From a planning perspective the owners of such properties are open to enforcement action by local authorities should a complaint be made. Many of the holiday villages I refer to were granted permission with specific conditions that they be used as short-stay accommodation only. I accept that the standards applying to such developments were different from normal residential developments in terms of set-back distances, open space requirements and so on. However, these homes provide much-needed full-time accommodation to families throughout this country at this moment in time. In my experience dealing with many of these developments, such as in Faithlegg, Dunmore East and other coastal communities, it has proved difficult to secure a change of use or overcome some of the conditions. From a strict planning perspective, I can understand why. However, the time has now surely come to introduce an amnesty of sorts for such developments. Where the owner of the property wishes to make them available for full-time accommodation and the person residing, or looking to reside, in them on a permanent basis is happy to do so, surely the planning code should not prevent them. In the reverse scenario, Government policy is rightly dictating that homes need to have planning in place for short-term lets if they are to be used as rental accommodation for the short-stay market. We are insisting on that. However, this anomaly is preventing short-stay lets from becoming permanent residential accommodation. This is the very thing we are trying to do, by putting those restrictions on the properties with short-stay permissions. It seems counterintuitive that we would not try to put something in place to regularise this.

This issue was brought into sharp focus a couple of weeks ago on Newstalk when 63 homes on a ghost estate in Tullow were highlighted. These homes are completed, although the development is not entirely completed in respect of roads and its other elements. However, it seemed from the report that the local authority is insisting that 15 of these completed units be demolished because they cannot meet the set-back distance requirements and open space requirements. Surely in 2023, given the constraints in the housing market, such a suggestion cannot be tolerated. What I suggest in terms of an amnesty, or changes to exempted development, would facilitate these homes to be lived in on a permanent basis.

Victor Boyhan (Independent)
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The Minister of State is welcome to the House, as always.

Malcolm Noonan (Carlow-Kilkenny, Green Party)
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Gabhaim buíochas leis an Seanadóir as an gceist seo. This is an important issue relating to planning permission in respect of holiday homes and holiday villages. In this regard, the Planning and Development Act 2000, as amended, requires that all developments that are not exempted developments are required to obtain planning permission. This may include where a permission for a change of use of a property is required, such as from holiday home use to long-term residential use. Where an individual wishes to change the use of a holiday home to long-term residential use, and planning permission is required, they are currently required to apply for planning permission to the relevant planning authority under section 34 of the Act in the normal manner. It is then a matter for the relevant planning authority to consider each application on a case-by-case basis. In making their decision, planning authorities shall have regard to the proper planning and sustainable development of an area, the policies of Government, ministerial planning guidelines and any submissions or observations received on the planning application during the public participation process in accordance with section 34 of the Act.

In accordance with Article 31(f) of the Planning and Development Regulations 2001, as amended, when notifying the applicant of its decision, the planning authority shall specify the main reasons and considerations on which the decision is based. It should also be noted that holiday homes and holiday villages are quite often located in more remote areas and-or may be on land that is specially zoned for such tourism-type development in the local development plan or local area plan and, therefore, holiday homes and holiday villages may not necessarily be suitable for permanent residential development. Different design layouts and standards may be applied to holiday homes than to permanent residential development while the local authority's policies on rural housing may also apply differently to holiday homes than to permanent residential development. I am sure the Senator will understand this. By way of example, there may be more intensive demands on water and sewerage facilities in permanent residential developments than in holiday homes, which may not be connected to public mains, with permanent homes also generally requiring larger garden spaces. All these factors would have to be taken into account by the planning authority when making a decision on a change of use planning application. In the context of the current need for residential accommodation, which the Senator quite rightly pointed that out, there may be merit in considering whether it would be appropriate to introduce an exemption for change of use from holiday homes to permanent residential accommodation in certain circumstances. However, to further consider this, there would need to be an understanding of the types of location and the issues arising in respect of such developments, particularly with regard to service capacity, suitability and standards.

I was not aware of the discussion on Newstalk about the ghost estate in Tullow. Again, that is a matter for the local authority but in this day and age to have to demolish that number of houses would be most unfortunate. I recognise the points the Senator is making but it is important too, with regard to proper planning and sustainable development, that the transition from holiday lets to more permanent accommodation involves a different set of criteria and, as such, that has to be given consideration. As I said, there might be an opportunity to look at exemptions in certain circumstances. That could be given some consideration.

Victor Boyhan (Independent)
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I thank the Minister of State for that detailed response.

John Cummins (Fine Gael)
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I thank the Minister of State. He has opened the door to the possibility of this but what I want to see now is follow-through on that. I accept all of what he said in his response about the requirement for sustainable planning. The two instances I referred to in Dunmore East and Faithlegg are certainly not remote locations. In one of those instances there were applications from residents to try to regularise it. I can understand if from a planning perspective the restrictions in the original conditions could not be overcome but surely in this time of need for accommodation, it makes no sense, when Government policy is trying to move more short-term lets into permanent residential accommodation, that we cannot facilitate this. That is what I am looking for. I want to see follow-through here so we can have exemptions in our planning code for such developments.As I outlined in my opening statement, there can be differences between holiday homes and villages in the first instance, and permanent residential homes in the second instance, regarding the proper planning and sustainable development of individual local areas. There can be differences in the scale and density of such developments. Consequently, proposals for holiday homes and villages, and permanent residential developments, are often treated and assessed differently under the planning code. There are also situations where proposals for holiday home use would not be granted and where planning permission for permanent residential use would not be granted and vice versa, having regard to local circumstances. As things stand, any proposals for change of use of holiday homes to residential homes should be subject to separate assessments and planning applications by relevant local planning authorities on a case-by-case basis and having regard to a range of criteria, as I have outlined.

There might be some merit in considering what might be appropriate to introduce an exemption for change of use from holiday to permanent residential accommodation in certain circumstances. To further consider this, a better understanding of the types of locations and the issues arising in respect of such developments, particularly in regard to service capacity, suitability and standards, is required. To this end, it would be of assistance if such information could be provided to our Department in order to further investigate the matters raised. This might involve the local authorities carrying out local surveys that could be submitted to the Department. I am just suggesting that as a possible way forward. Having a better understanding of what we are dealing with would be useful.