Written answers

Thursday, 19 October 2017

Department of Housing, Planning, and Local Government

National Planning Framework

Photo of Barry CowenBarry Cowen (Offaly, Fianna Fail)
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274. To ask the Minister for Housing, Planning, and Local Government his views on the inclusion of national policy objective 18b in the national planning framework in view of the concerns over the potential legality of local needs planning criteria for one-off housing; the legislative and policy impacts that will ensue if case law demonstrates that such local needs criteria are not compatible with Articles 43 and 56 of the EC treaty; and his further views on whether the inclusion of this as a core national planning objective could expose local authorities to potential liabilities. [44388/17]

Photo of Eoghan MurphyEoghan Murphy (Dublin Bay South, Fine Gael)
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Following engagement between the European Commission and my Department regarding the 2013 European Court of Justice ruling in the Flemish Decree case, a working group - comprising representatives from my Department and planning authorities - was established in May 2017 to review and, where necessary, recommend changes to the 2005 Planning Guidelines on Sustainable Rural Housing with a view to ensuring that rural housing policies and objectives contained in county development plans comply with the relevant provisions of the Treaty on the Functioning of the European Union.

The deliberations of the Working Group concluded in September 2017 and my Department is now proposing to engage further with the European Commission on the proposed changes to be made to the 2005 Guidelines. The revised Guidelines will be issued under section 28 of the Planning and Development Act 2000, as amended, which requires planning authorities, and where appropriate An Bord Pleanála, to have regard to planning guidelines in the performance of their statutory functions under the Planning Acts.

Planning authorities were advised by way of Circular letter PL 2/2017 issued on 31 May 2017, that, pending the conclusion of the abovementioned review process and until advised otherwise by my Department, the existing 2005 Guidelines remain in place and any amendments to rural housing policies in existing development plans should be deferred. The Circular letter is available to view on my Department's website at the following link:

National Policy Objective 18b has been developed in the light of the ongoing deliberations of the Working Group and interactions with the Commission, but will require further changes to the 2005 Guidelines, which are being finalised as set out above, for it to be put into practice.

Submissions on the draft National Planning Framework are invited up to 3 November.

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