COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL
MEETING OF DEVELOPMENT PLAN MEETING
Tuesday, September 01, 2009
MOTION NO. 56
MOTION: Councillor B. Lawlor
That relevant criteria should be as listed in the Bohernabreena study with the following amendments:-
1.Those who care for immediate elderly or family member with medical needs and can demonstrate that they have ongoing social/familial ties with the community should the medical condition change
2. If a person is granted planning approval in the study area and they own a dwelling, no building works should commence until this dwelling is legally disposed of. A timeframe of 2 years will be only allowed from the date of approval.
REPORT:
The Draft County Development Plan sets out a coherent spatial planning framework for the entire County within the context of national and regional policies. The core strategic aim of the Plan is to promote, at appropriate locations, a more consolidated and compact urban form for the County. It is generally accepted that rural housing should not be encouraged as by its nature it constitutes an unsustainable form of development and is contrary to the core strategy of consolidation.
However, it is also accepted that limited rural housing should be facilitated where justifiable. The criteria in which planning applications are assessed for rural one-off housing are set out in the Development Plan and associated Plans. The planning authority is not in a legal position to take into consideration the individual personal circumstances of applicants applying for permission for a one-off rural dwelling. All applications are assessed based on the criteria included in the Development Plan and associated Plans in a fair and equitable manner, which underpins the core principle of the Irish planning system which is based on the common good and sustainable development supported by local democracy and public participation. It should also be noted that Section 1.2.31 of the Draft Development Plan sets out policies in relation to Family Flat development which refers to the temporary sub-division or extension of a single dwelling unit to accommodate a member of the immediate family for temporary a period (e.g. older parent or other dependent).
In the case of rural housing generally, a considerable amount of the demand stems from a desire to live in a rural location. Although it is generally accepted that rural housing should not be encouraged as by its nature it constitutes an unsustainable form of development and is contrary to the core strategy of consolidation, it is also accepted that limited rural housing should be facilitated on social grounds, where justifiable. To be justifiable, a person wishing to live in a rural area should be able to demonstrate a need for housing in the first instance, and also a need to live in the particular area – rather than just having a desire for a dwelling at a particular location. This does not mean that in all cases, if someone already has a house that he/she cannot relocate to a rural area if there are justifiable reasons for doing so. Nor does it mean that not having accommodation qualifies a person as eligible for rural housing. In essence an applicant for housing in the Study area would have to have a demonstrable need to live in the area in addition to fulfilling the other criteria regarding family ties etc. set out in Section 9.2.1 of the Glenasmole/Bohernabreena Housing and Planning Study (2002).
In terms of attaching a condition to a grant of permission for a dwelling in the rural area, where the applicant already owns a dwelling that seeks the disposal of said dwelling it is deemed that this would be ultra vires.
Manager’s Recommendation:
The proposed motion should not be adopted.