Finian McGrath (Dublin North Central, Independent)
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Question 326: To ask the Minister for the Environment, Community and Local Government if, following discussions with the European Commission, if all county development plans are in compliance with Articles 43 and 56 of the EC Treaty, specifically with regard to the inclusion of inurement clauses in the granting or planning permission; and if he will make a statement on the matter. [11285/11]

Willie Penrose (Longford-Westmeath, Labour)
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In June 2007, a Letter of Formal Notice issued from the Commission of the European Communities to Ireland under Article 226 of the EC Treaty, seeking to address areas of possible concern around the compatibility of certain provisions in specified County Development Plans with Articles 43 and 56 of the EC Treaty regarding the fundamental principles of freedom of establishment and the free movement of capital, respectively.

The Letter of Formal Notice stemmed from concerns that the 'local needs' assessment process set out in my Department's 2005 Sustainable Rural Housing Guidelines for Planning Authorities and contained in the named County Development Plans may have impacted on the freedom of establishment of business and the free movement of capital.

In response, and following substantial consultation with the Commission, my Department issued Circular Letter SP 5/08 in September 2008 to all planning authorities clarifying the policy position in respect of compliance with Articles 43 and 56 of the Treaty. In particular, it was made clear that development plans incorporating the 'local needs' assessment test must not discriminate against planning applicants wishing to establish a full-time, home-based business in an area but, rather, that such applicants should be given due consideration within the proper planning and sustainable development objectives for the area. Furthermore, all planning authorities were requested to examine their current (or draft) development plan policies and practices to ensure compatibility with the provisions of Articles 43 and 56 of the EC Treaty and, if necessary, introduce variations of the plan to ensure a consistency of approach.

In addition and with particular regard to the attachment of occupancy (or enurement) conditions to planning permissions, Circular Letter SP 5/08 notes that such conditions remain valid provided they are applied in a non-discriminatory manner as between local and non-local applicants and recommends that all rural planning authorities should, if they are not already doing so, adopt and implement a seven-year period in respect of the length of occupancy.

In response to Circular Letter SP 5/08, the planning authorities have now confirmed to my Department that all County Development Plans conform, with or without amendment, with the relevant Articles of the EC Treaty. This information has been forwarded to the Commission.