Dáil Éireann Debate, Thursday - 15 February 2024
258. Deputy Bernard J. Durkan asked the Minister for Housing, Local Government and Heritage what steps can be taken by the local authorities to facilitate the granting of planning permission for rural applicants who have a need of rehousing; and if he will make a statement on the matter. [7382/24]
View answerUnder the Planning and Development Act 2000, as amended (the Act), all development, unless specifically exempted under the Act or associated Regulations, requires planning permission.
Any person may lodge an application for permission to a planning authority in accordance with section 34 of the Act for the construction of a house. It is a matter for the relevant planning authority to consider each application on a case-by-case basis and to decide whether to grant the permission, subject to or without conditions, or to refuse permission.
In making their decision, planning authorities shall have regard to the proper planning and sustainable development of the area, the policies of Government, Ministerial Guidelines, the local development plan and any submissions or observations received on the application during the public participation process in accordance with section 34 of the Act. As part of the consideration by a planning authority of planning applications for housing developments in rural areas, the current Sustainable Rural Housing Guidelines, published in 2005, must be taken into account.
Where an applicant wishes to question the decision of the planning authority made under section 34 of the Act, they may appeal the decision to An Bord Pleanála under section 37 of the Act within four weeks of the decision of the planning authority. In addition, the decision of the Board may be subject to judicial review within 8 weeks of the decision of the Board under sections 50 and 50A of the Act.
Under section 30 of the Act, as Minister with responsibility for planning, I am specifically precluded from exercising any power or control in relation to any particular case in which a planning authority or the Board is or may be concerned.
It should be noted that updated Rural Housing Guidelines are currently being prepared by my Department. The draft Rural Housing Guidelines will set out relevant planning criteria to be applied in local authority development plans for rural housing, based on the high level policy framework set by the National Planning Framework (NPF). The guidelines will continue to allow county development plans to provide for housing in the countryside based on the considerations detailed in National Planning Objective 19 of the NPF, and will also highlight the need to manage development in certain areas, such as the areas around cities and larger towns and environmentally sensitive areas, in order to avoid over-development.
The draft guidelines are presently subject to legal review and Ministerial approval, following which it is intended that the draft guidelines will be published for a period of public consultation before the final updated guidelines are adopted and published.
