Brendan Griffin (Kerry South, Fine Gael)
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136. To ask the Minister for Environment, Community and Local Government if a dispensation of the residency clause in planning conditions is available on hardship grounds; and if he will make a statement on the matter. [12401/14]

Jan O'Sullivan (Limerick City, Labour)
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In the context of the broader efforts to control development in rural areas, my Department’s 2005 Guidelines for Planning Authorities on Sustainable Rural Housing recommend the attachment of a seven-year occupancy condition period for a dwelling being granted planning permission in a rural area. Nonetheless, within this period, it is open to the dwelling owner, with the consent of the planning authority, to sell the house to another person who would satisfy the local need criteria for the area. The Guidelines also recommend that such conditions shall not affect the sale of a dwelling by a mortgagee in possession or by any person deriving title from such a sale to facilitate the sale of property by lending institutions in circumstances relating to a loan foreclosure.

While the enforcement of such planning conditions is a matter for each planning authority, having regard to national policy, I understand that planning authorities consider requests for non-enforcement of occupancy conditions on a case-by-case basis from dwelling owners who may find themselves in “force majeure” situations similar to the above, such as marital breakdown or emigration, and which require the sale of their dwelling.