COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF DEVELOPMENT PLAN MEETING

Wednesday, June 22, 2022

MOTION NO. 14

MOTION: Councillor F. Timmons

Ref. Amendment 6.8 - That the Below objective stays as written below in the CDP H 17 Objective 2; To consider persons for a rural house in the RU Zone on their basis of their being an intrinsic part of the rural community where such persons have grown up or spent substantial periods of their lives, (12 years), living in the area or have moved away and who now wish to return to reside near to, or care for, immediate family members and are seeking to build on family landholding. Immediate family members are defined as mother, father, son, daughter, brother or sister.

REPORT:

Amendment 6.8 inserted new objective H17 Objective 2 as follows:

H17 Objective 2:

To consider persons for a rural house in the RU zone on the basis of their being an intrinsic part of the rural community where such persons have grown up or spent substantial periods of their lives, (12 years), living in the area or have moved away and who now wish to return to reside near to, or to care for, immediate family members and are seeking to build on the family landholding. Immediate family members are defined as mother, father, son, daughter, brother or sister.

The Motion is for this new objective H17 Objective 2 to stay in the Development Plan.

As set out in the CE Report submitted to Members on 23rd May, Amendment 6.8 arose on foot of Motion 49 (Item ID: 73856) which put forward a proposal to insert this new objective ‘H17 Objective 2’. This proposed amendment was agreed by the Elected Members at the March 2022 Development Plan Meetings against the recommendation of the Chief Executive.

A previous motion requesting such provisions was also put forward at pre-Draft Plan stage under Motion ID: 70917 and it was recommended that a new objective would be inserted in Chapter 6 titled H17 Objective 1, to read as follows:

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.

A similar issue was also submitted to the Draft Plan through the public consultation period under submission SD-C195-217 and the Chief Executive responded under Chapter 6: Housing – Rural Housing Strategy, pg582-584 stating that under H17 Objective 1 the Council is 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 public consultation of this process. The review process requires a review of Rural Housing Policy which includes Policy H19: 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.

Recommendation 3 of the OPR submission to the Material Amendments indicates that the amendment would be inconsistent with NPO 19 which states (as relevant to South Dublin which is an area under urban influence):

‘Ensure, in providing for the development of rural housing, that a distinction is made between areas under urban influence, i.e. within the commuter catchment of cities and large towns and centres of employment, and elsewhere:

In rural areas under urban influence, facilitate the provision of single housing in the countryside based on the core consideration of demonstrable economic or social need to live in a rural area and siting and design criteria for rural housing in statutory guidelines and plans, having regard to the viability of smaller towns and rural settlements..’

The OPR is of the view that the Material Amendment provides for a relaxation in rural housing policy for the RU zone and is likely to result in significant additional pressure for development in an area under extremely strong urban pressure. The Office considers the amendment to

be premature pending a comprehensive review of the rural housing policy and local need criteria consistent with NPO 20, which states:

‘Project the need for single housing in the countryside through the local authority’s overall Housing Need Demand Assessment (HNDA) tool and county development plan core strategy processes’

H1 Objective 12 of the Draft Plan states:

‘To examine the need to vary the Development Plan, following the publication of the guidance on HNDA methodology issued by the Department of Housing, Local Government and Heritage in April 2021’

The OPR notes that the Draft Plan includes H17 Objective 1 ‘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’.  As also indicated by the CE in the response to the motion for its insertion, the amendment is considered premature pending a comprehensive review of the rural housing policy and local need criteria in the development plan.

Having taken the points raised by the Office alongside the previous views set out at various stages of the plan making process, it is considered that the inclusion of the Amendment in the Plan would be premature pending the review of the rural housing policy already included as an objective in the Draft Plan. It would also be preferable if the forthcoming updated Rural Housing Guidelines, to be published by the Government, were in place to ensure that the Council’s review will be fully aligned with national policy.

Having regard to the above and to the recommendation of the OPR it is recommended that Amendment 6.8 in relation to H17 Objective 2 be omitted.

Make the Plan without Amendment 6.8 and the associated proposed new H17 Objective 2.

Amendment 6.8 inserted new objective H17 Objective 2 as follows:

H17 Objective 2:

To consider persons for a rural house in the RU zone on the basis of their being an intrinsic part of the rural community where such persons have grown up or spent substantial periods of their lives, (12 years), living in the area or have moved away and who now wish to return to reside near to, or to care for, immediate family members and are seeking to build on the family landholding. Immediate family members are defined as mother, father, son, daughter, brother or sister.

The Motion is for this new objective H17 Objective 2 to stay in the Development Plan.

As set out in the CE Report submitted to Members on 23rd May, Amendment 6.8 arose on foot of Motion 49 (Item ID: 73856) which put forward a proposal to insert this new objective ‘H17 Objective 2’. This proposed amendment was agreed by the Elected Members at the March 2022 Development Plan Meetings against the recommendation of the Chief Executive.

A previous motion requesting such provisions was also put forward at pre-Draft Plan stage under Motion ID: 70917 and it was recommended that a new objective would be inserted in Chapter 6 titled H17 Objective 1, to read as follows:

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.

A similar issue was also submitted to the Draft Plan through the public consultation period under submission SD-C195-217 and the Chief Executive responded under Chapter 6: Housing – Rural Housing Strategy, pg582-584 stating that under H17 Objective 1 the Council is 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 public consultation of this process. The review process requires a review of Rural Housing Policy which includes Policy H19: 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.

Recommendation 3 of the OPR submission to the Material Amendments indicates that the amendment would be inconsistent with NPO 19 which states (as relevant to South Dublin which is an area under urban influence):

‘Ensure, in providing for the development of rural housing, that a distinction is made between areas under urban influence, i.e. within the commuter catchment of cities and large towns and centres of employment, and elsewhere:

In rural areas under urban influence, facilitate the provision of single housing in the countryside based on the core consideration of demonstrable economic or social need to live in a rural area and siting and design criteria for rural housing in statutory guidelines and plans, having regard to the viability of smaller towns and rural settlements..’

The OPR is of the view that the Material Amendment provides for a relaxation in rural housing policy for the RU zone and is likely to result in significant additional pressure for development in an area under extremely strong urban pressure. The Office considers the amendment to

be premature pending a comprehensive review of the rural housing policy and local need criteria consistent with NPO 20, which states:

‘Project the need for single housing in the countryside through the local authority’s overall Housing Need Demand Assessment (HNDA) tool and county development plan core strategy processes’

H1 Objective 12 of the Draft Plan states:

‘To examine the need to vary the Development Plan, following the publication of the guidance on HNDA methodology issued by the Department of Housing, Local Government and Heritage in April 2021’

The OPR notes that the Draft Plan includes H17 Objective 1 ‘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’.  As also indicated by the CE in the response to the motion for its insertion, the amendment is considered premature pending a comprehensive review of the rural housing policy and local need criteria in the development plan.

Having taken the points raised by the Office alongside the previous views set out at various stages of the plan making process, it is considered that the inclusion of the Amendment in the Plan would be premature pending the review of the rural housing policy already included as an objective in the Draft Plan. It would also be preferable if the forthcoming updated Rural Housing Guidelines, to be published by the Government, were in place to ensure that the Council’s review will be fully aligned with national policy.

Having regard to the above and to the recommendation of the OPR it is recommended that Amendment 6.8 in relation to H17 Objective 2 be omitted.

CE Recommendation:  Make the Plan without Amendment 6.8 and the associated proposed new H17 Objective 2.