Dáil Éireann Debate, Wednesday - 3 February 2021
279. Deputy Noel Grealish asked the Minister for Housing, Local Government and Heritage the changes made to section 28 of the Planning and Development Act 2000 to give effect to the Flemish decree following the European Court of Justice Ruling in 2013 and the ministerial guidelines; and if he will make a statement on the matter. [5397/21]
View answerI first wish to clarify that Section 28 of the Planning and Development Act 2000 empowers the relevant Minister to issue Guidelines to which planning authorities and An Bord Pleanála must have regard in the performance of their functions. As such, it is not proposed to make changes to Section 28 the Planning and Development Act to give effect to the European Court of Justice (ECJ) ruling on the ‘Flemish Decree’ case.
Secondly, it is important to also 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, that made the purchase or long-term lease of all land in certain Flemish communes (local authorities) conditional upon there being a ‘sufficient connection’ between the prospective buyer or tenant and the relevant commune. The Flemish Decree case refers to the successful challenge against the Flemish Decree in the European Court of Justice, which ruled that it was disproportionate and contrary to EU freedoms. As such, it is not proposed to give effect to the Flemish Decree.
It is proposed to a) review the 2005 rural housing guidelines for planning authorities (which were issued under Section 28 of the Planning and Development Act 2000) and b) in doing so, have regard to the principles of the outcome of the ‘Flemish decree’ case, where relevant. This work is currently underway.
The 2005 Sustainable Rural Housing Guidelines are framed in the context of the National Spatial Strategy (NSS) 2002. Given the superseding of the NSS by the National Planning Framework in 2018, the updated Rural Housing Guidelines will address rural housing in a broader rural development and settlement context and I expect a draft before the end of March.
My Department communicated to planning authorities (Circular letter PL 2/2017) on 31 May 2017, advising them that the existing 2005 Guidelines remain in place and, until advised otherwise by the Department.
