COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL
MEETING OF SOUTH DUBLIN COUNTY COUNCIL
Monday, July 10, 2017
MOTION NO.7
MOTION: Councillor E. Higgins
That the Chief Executive provides a detailed report on the possible implications the 'Flemish Decree' may have for our County Development Plan and rural housing planning guidelines
REPORT:
On 31 May 2017 the Minister for Housing, Planning, Community and Local Government (the Minister) issued Circular letter PL 2/2017 (the Circular) entitled “Sustainable Rural Housing Guidelines for Planning Authorities 2005 – Local Needs Criteria in Development Plans”. The Circular addresses the application of the “local housing needs residency criteria” in section 3.2.3 of the ”Sustainable Rural Housing Guidelines for Planning Authorities 2005” (the Guidelines) in the consideration of planning applications for houses in rural areas – particularly urban generated rural housing in areas under pressure in the environs of cities and towns - in light of the Flemish Decree case.
In the Flemish Decree case, the European Court of Justice (ECJ) judged that the requirement that the transfer of property in certain Flemish communes to the condition that there should exist “a sufficient connection” between a prospective property buyer and the relevant commune breached article 43 of the EU Treaty on the freedom of movement of citizens.
In 2007 the European Commission, in a separate but related case, issued an infringement notice against Ireland in relation to the “local needs criteria” in the 2005 Guidelines, on the basis that criteria that the requirement that persons wishing to apply for planning permission for a house in designated rural areas should fulfil a prior minimum residency requirement in the rural area in question or have familial ties to that specific rural area also represented a breach of article 43 of the EU Treaty on the freedom of movement of citizens. This infringement case was put on hold until the Flemish Decree case was determined. Since the ECJ judgement on the Flemish Decree case the European Commission has re-engaged with the Department of Housing, Planning, Community and Local Government (DHPCLG) regarding the 2007 infringement notice. The DHPCLG have established a Working Group to review and, where necessary, recommend changes to the 2005 Guidelines.
The DHPCLG are also preparing the proposed new National Planning Framework (NPF) “Ireland 2040 – Our Plan”. The NPF will further assist in informing the revision of the Guidelines in terms of outlining the overall policy approach for development in rural Ireland reflecting on the inter-relationships between urban and rural locations including access to employment, housing, services and recreation.
On conclusion of the Working Group’s deliberations and publication of the NPF, the DHPCLG intend to issue a Circular Letter to planning authorities with replacement text for section 3.2.3 of the Guidelines in the second half of 2017.
In the meantime the DHPCLG have advised planning authorities that the existing Guidelines remain in place and they should defer amending their rural housing policy/ local housing need criteria in existing statutory development plans until otherwise advised.
In short no changes are proposed to South Dublin County Council’s rural housing policy. All planning applications for houses in rural areas will continued to be assessed in accordance with existing policy. Any changes introduced by the DHPCLG will be communicated to the elected members in due course.