Michael Ring (Mayo, Fine Gael)
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Question 1119: To ask the Minister for the Environment, Heritage and Local Government if the EU has issued a directive regarding the legality or otherwise of the residency clause condition and conditions restricting permission to people with connections to the locality for planning applications in rural areas; the legal position in relation to same; the directive from Europe or if a directive from Europe has issued in these matters; and if he will make a statement on the matter. [20050/07]

John Gormley (Dublin South East, Green Party)
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No Directive has issued from the European Commission on this matter. My Department received a Letter of Formal Notice dated 27 June 2007 from the Commission seeking our views as to whether specific elements of the "local needs" test contained in a number of County Development Plans for the granting of planning permission for one-off dwellings in rural areas are compatible with Articles 43 and 56 of the EC Treaty, which guarantee respectively the freedom of establishment and the free movement of capital.

The Commission has invited the Government to submit observations on the issues and a comprehensive response will be submitted to the Commission by 27 September 2007.