Written answers

Tuesday, 10 May 2005

Department of Environment, Heritage and Local Government

Planning Issues

9:00 pm

Photo of Trevor SargentTrevor Sargent (Dublin North, Green Party)
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Question 464: To ask the Minister for the Environment, Heritage and Local Government if, in preparing a planning authority manager's report on the progress made in attaining the objectives of its current development plan, as required under Section 15 of the Planning and Development Act 2000, there are objectives that should be left out of the review; if so, the objectives which should be so left out; if he will give an example of best practice and intentions; and if he will make a statement on the matter. [15197/05]

Photo of Dick RocheDick Roche (Wicklow, Fianna Fail)
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Draft guidelines for planning authorities on development plans, including monitoring and review of development plans, will be issued shortly for public consultation. The guidelines will deal with the requirement for progress reports from the managers of planning authorities, as set out in Section 15 (2) of the Planning and Development Act 2000. It would be my intention that all such reports should be as comprehensive as possible.

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
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Question 465: To ask the Minister for the Environment, Heritage and Local Government if he has examined the report of the Incorporated Law Society's law reform committee entitled Discriminatory Planning Conditions - The Case for Reform; if arising from the report, he plans any amendments to planning law; and if he will make a statement on the matter. [15232/05]

Photo of Dick RocheDick Roche (Wicklow, Fianna Fail)
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I am aware of the recent report by the Law Society's reform committee entitled Discriminatory Planning Conditions: the Case for Reform. Section 39 of the Planning and Development Act 2000, and corresponding earlier planning legislation, provides that a condition may be attached to a grant of planning permission for a house, specifying that the house must be occupied by persons of a particular class or description, with provision to that effect to be incorporated in an agreement under section 47 of the Act. In effect, occupancy conditions are applied in certain circumstances as a mechanism to facilitate a positive approach to applications from persons who are part of or linked to certain rural communities in circumstances where a different application might have to be refused.

In addressing the issue of occupancy conditions, the recently launched guidelines for planning authorities on sustainable rural housing state that such conditions are only appropriate in certain cases such as permission being granted to persons with roots or links to areas close to the larger cities and towns under strong pressure for urban generated development and in the case of permission being granted to permanent residents in an area where there is an over-concentration of holiday or second home development. The guidelines use illustrative examples to demonstrate that people who fall into the category of having local roots or links would include people who have spent much of their lives in rural areas and are building their first homes, farmers and their families, returning emigrants, people involved in forestry, inland waterway and marine related occupations, teachers in rural schools and other people whose work is predominantly in rural areas. This list is not intended to be exhaustive; planning authorities are asked to carry out their own assessment of the rural housing needs to be catered for in the areas mentioned, taking account of local conditions and planning issues and to add to the list as appropriate.

I am aware that in administering the planning code, planning authorities are required to act in a manner that is consistent with the norms of administrative and constitutional law, the European Convention on Human Rights law, EU law and equality law. Amendment of planning law in this matter does not at present seem indicated, but it is my intention to monitor the effectiveness of the guidelines and in that context I will continue to bear in mind the concerns of the Law Society's recent report.

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