Vol. 547 No. 1
797 Mr. Fleming asked the Minister for the Environment and Local Government if guidelines have been issued by his Department on the use of section 38 agreements by local authorities; and if he will make a statement on the matter. [2525/02]
Section 38 of the Local Government (Planning and Development) Act, 1963 enables planning authorities to enter into agreements with any person with a legal interest in land in their area for the purpose of restricting or regulating the development or use of land, permanently or for a specific period. Such agreements may be used, for example, where applications are made for housing for family members on farm land where, under the development plan, planning permission for housing would not normally be granted. In circumstances such as these where it is proposed to grant permission as an exception to the general planning policy for the area, permission for a house may be granted subject to a requirement that the house is occupied by a family member and to a requirement that a section 38 agreement is signed to ensure that remaining land is kept available for farming by restricting further housing development.
While no specific guidelines on the use of such agreements have been published by my Department, advice on the restriction of housing occupancy to family members was contained in general guidance issued in 1982. That advises that these conditions may be imposed where the grant of permission is considered essential to meet the need for which the exception is made.
Question No. 798 answered with Question No. 757.
