Planning Law - Discriminatory Planning Conditions - The case for reform.

The issue of restrictive conditions arises from time to time on AAM.

I was browsing the An Bórd Pleanála website this evening and came across this article.

I have not conducted up to the minute research on the subject, but I post it here without to inform the debate on this issue.

[broken link removed]

FWIW

ONQ.

[broken link removed]

All advice on AAM is remote from the situation and cannot be relied upon as a defence or support - in and of itself - should legal action be taken.
Competent legal and building professionals should be asked to advise in Real Life with rights to inspect and issue reports on the matters at hand.

Looks interesting. From the Law Reform Ctte in 12/12/2007.

Conditions utilised by planning authorities

Based on an examination of development plans the report identifies six grounds of distinction between “privileged” and “non-privileged persons”. Privileged persons are defined as those that are approved for planning permission or for occupancy subject to planning conditions. Those that are non-privileged cannot obtain permission or take up occupancy, as they do not belong to a class or description where the conditions can be applied. The type of such distinctions (and thus conditions and grants of permission) will be a refection of local circumstances and pressures as embodied in the development plan. The following are the identified grounds of distinction:

• Local residents and non-local residents: a local residency condition;
• Local employees and non-local employees: a local employment condition;
• Agricultural workers and non agricultural workers; an agricultural worker condition;
• Relatives of local residents and non-relatives of local residents: a bloodline condition;
• People who once were local residents but left and now wish to return; a returning emigrant condition.

Click to expand...

Donegal seem to have taken a lot of this on board, but its still pretty arbitrary on face value.

They either want people to return to the periphery from Dublin or they don't.

You cannot repopulate by allowing only a limited sub-section back.

ONQ.

[broken link removed]

All advice on AAM is remote from the situation and cannot be relied upon as a defence or support - in and of itself - should legal action be taken.
Competent legal and building professionals should be asked to advise in Real Life with rights to inspect and issue reports on the matters at hand.