challenge to local needs law

horatio1

Registered User
Messages
75
Hi,
I am currently looking at buying a site in laois/Kildare area but find that a lot of the sites are subject to "local needs requirements".I have been told recently that a case was taken and won by a couple against wicklow county council regarding this stipulation.
Also I have been told that it is been challenged at E.U level with a ruling due early next year.
Can anybody clarify if this is true or have any link's to media coverage of these cases.

Thanks
 
Thanks Tualach,
Article was printed in June.Anyone know has there been any further developments on the issue.
 
The only guarantee to come from this situation is that rural housing requirements will be come even more restrictive... probably for persons in agriculture of forestry only.... there will be no 'free for all'....

it must be understood that no 'ruling' was made by the EU on this.. that was bad journalism......

At the end of the day the rural guidelines work, and work well.... its the *******ised understanding that some local authorities have implemented that are causing the problems....
 
Syd,
I don't know how you can say that this polocy works well.In my view it does not work well and is virtually unworkable.For example there could be two 1 acre sites side by side,one has a house built on it which is for sale.The other undeveloped is for sale subject to planning.I can buy the house and move in no problem but even if I submit plans for an identical house on the undeveloped site i will be refused.How can this be logical?
 
horatio, it all depends on time periods, if the first site had full planning with no occupancy condition then it can be sold.... if the other site requires an occupancy condition, so be it....

i can honestly say that the rural guidelines have made my life a hell of a lot easier since they were introduced....
now when clients come in i can be fairly accurate with them as to whether they will comply with 'local needs' requirements or not... before it was a complete lottery, it usually came down to the particular planner, and you had reasons for refusal like 'outside a settlement area' or 'ribbon development' etc...... now these reasons are readily testable beforeany application is made...

as i said above, when a particular county implements the guidelines correctly the work fine... its when they are implemented incorrectly that causes problems...

i work mainly in Laois... and if someone came to me tommorrow and said they wanted to live in Laois (regardless of their background, nationality or affiliation to any areas) i can direct them to certain areas of the county where local needs does not apply, and any application they make will be looked on favourably, once all physical requirements for planning are met.... so to say the guidelines are discriminatory is a bit of a cop out... they are part-discriminatory because they have to be..... rural housing is a finite resource, and needs to be retained for those who require it most....