COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF DEVELOPMENT PLAN MEETING

Tuesday, March 01, 2022

MOTION NO.48

MOTION: Councillor B. Lawlor, Councillor S. O'Hara

This motion refers to the Chapter 6 Housing, Rural Housing Strategy, page 582 of CE report, submission: SD-C195-217. Motion: To remove the phrase 'exceptional circumstances' from Housing (H) Policy 18 Housing in RU Zone and from H1 Objective 1 of the Draft Development Plan. Submitted by Cllr Shirley O'Hara and Cllr Brian Lawlor

REPORT:

The motion proposes to remove the phrase ‘exceptional circumstances’ from Housing (H) Policy 18 Housing in RU Zone and from H1 Objective 1 of the Draft Development Plan. 

This issue was submitted to the Draft Plan through the public consultation period under submissions SD-C195-217 and the Chief Executive responded under Chapter 6: Housing – Rural Housing Strategy, pg582-584.?

Having examined and considered the content of the motion, the view of the CE remains unchanged for the following reasons:

As per Section 6.9 of the Draft Plan, it is the policy of the Council to restrict the spread of urban generated dwellings into rural and high amenity areas in accordance with national and regional planning policy and guidance.

Under Policy H17: Rural Housing Policy and Local Need Criteria the Council is committed to considering rural housing for persons who are “an intrinsic part of the rural community” or “working full-time or parttime in rural areas” as described under Section 3.2.3 (Rural generated housing) of the Sustainable Rural Housing Guidelines DEHLG (2005), Circular SP 5/08 Rural Housing Policies and PL 2/2017 Local Need Criteria in Development Plans: Conformity with Articles 43 and 56 (Freedom of Establishment and Free Movement of Capital) of the European community Treaty.

Notwithstanding this, under H17 Objective 1, it is an objective of the plan to commence a review of the Rural Housing Policy and Local Need Criteria within six months of the adoption of the Plan and to include a public consultation as part of this process.

This review process requires a review of Rural Housing Policy which includes H18: Rural Housing in the RU Zone and will be required to take into consideration the provisions of the Rural Development Policy 2021-2025 where the following key actions are identified:

To enhance public services for rural communities, the Government will:

Policy Measure 89

Increase the residential occupancy of rural towns and villages while enabling the Irish countryside to continue to be a lived-in landscape by adopting a balanced approach to planning, in line with relevant national planning policy and guidelines, while avoiding unsustainable ribbon and over-spill development from urban areas.

Policy Measure 90

Update the Rural Housing Guidelines for planning authorities, to address rural housing in a broader rural development and settlement context.

Critically, as recognised in the submission, the current Development Plan 2016-2022 does not include a definition for 'exceptional circumstances' leaving room for different interpretation. In recognising the need for clarity, the Draft Plan (Policy H18 Objective 1) makes clear that exceptional circumstances relate to those who are “an intrinsic part of the rural community” or “working full-time or parttime in rural areas”. This has been recognised in the submission. It should also be noted that a definition is also set out in H19 Objective 1 for HA zoning in the Dublin Mountains. 

To remove the words ‘exceptional circumstances’ would undermine the Rural Housing Policy which is based on the need to live in rural areas and would be contrary to the Section 48 Rural Housing Guidelines. It would give rise to the potential for exponential growth of housing in the rural area contrary to policy to restrict rural housing to identified need set out in the exceptional circumstances and to resist urban generated housing in the countryside.

The Draft Plan provides clear guidance in line with the Rural Housing Guidelines, on what ‘exceptional circumstances’ comprise in line with national and regional policy.

CE Recommendation: It is recommended that this motion is not adopted and that the words ‘exceptional circumstances’ as clarified in the Draft Plan, are retained.