Patricia Ryan (Kildare South, Sinn Fein)
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167. To ask the Minister for Housing, Planning, and Local Government the status of the working group established to review the Sustainable Rural Housing guidelines for Planning Authorities 2005 in view of the Flemish Decree; and if he will make a statement on the matter. [29068/21]

Peter Burke (Longford-Westmeath, Fine Gael)
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Under the Guidelines for Planning Authorities on Sustainable Rural Housing 2005, planning authorities are required to frame the planning policies in their development plans in a balanced and measured way that ensures the housing needs of rural communities are met, while avoiding excessive urban-generated housing.

I wish to clarify that the ‘Flemish Decree’ was a March 2009 Decree of the Flemish Region (a Federal Region within Belgium), on land and real estate policy, which made the purchase or long-term lease of land (i.e. all immovable property, that included existing, homes, businesses and farms) in certain Flemish communes (local authorities) conditional upon there being a ‘sufficient connection’ between the prospective buyer or tenant and the relevant commune. As such, the Flemish Decree effectively restricted significantly more than development rights in respect of new housing. The broad scope of the Flemish Decree was such that it was successfully challenged in the European Court of Justice, which ruled that it was contrary to EU freedoms.

A working group was established to review and, where necessary, recommend changes to the 2005 Guidelines and this group met on five occasions between May 2017 and January 2019. During this period, in 2018, the National Planning Framework (the NPF) was published and provides an important strategic basis for interpreting the 2005 Guidelines. National Policy Objective (NPO) 15 of the NPF fully supports the concept of the sustainable development of rural areas by encouraging growth and arresting decline in areas that have experienced low population growth or decline in recent decades, while simultaneously indicating the need to manage certain areas around cities and towns.

Work is current underway in preparation of an update of the 2005 Sustainable Rural Housing Guidelines for planning authorities, which were issued under Section 28 of the Planning and Development Act 2000 (as amended). I expect to receive an initial draft guidelines document in the coming weeks. Given the complexity of the issues involved, the need for environmental assessment and both internal and external consultation, I would expect updated guidelines to be available later in 2021.

My Department communicated to planning authorities (Circular letter PL 2/2017) on 31 May 2017, advising that the existing 2005 Guidelines remain in place until advised otherwise by the Department and this remains valid.