Local needs criteria for planning permission for a rural dwelling-the essentials

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Local needs criteria for planning permission for a rural dwelling-the essentials
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14 июл 2024

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Комментарии : 49

@sav7568 2 месяца назад

The word " local " is defined very narrowly by some of the counties. In Kerry, if your family lives around 3 km or more from the site then you can expect to have building permission refused.

@Popopeony 3 месяца назад

Our local area has been cut through by not one but TWO main roads and now they want to put a motorway up along right beside my parents. I am being priced out of houses everywhere. I want to live in Clare but I’m not allowed because I’m not from the area but have been going there since I was a little girl. We are very hard working but need a start in life. Rise in inflation and everything has become expensive, I feel like we are not getting any chance in life 😢

@darmck68 Год назад

Thanks , found that information very useful and time saving 👍

@foregonereality Год назад

I do feel the local needs restrictions are quite unfair for those who cannot afford to buy in urban areas. I'm all for regulation and the restriction of building large 'mcmansion' buildings but why not grant two professionals a modest size house to a specific criteria so it doesn't become an eye sore on the landscape. It boggles the mind how someone who had the 'luck' to be born in the countryside can build a 3000+sqft monster in the country whilst someone who was born in a town cannot even have a modest bungalow with a little bit of land.

@alexwarns6610 Год назад

Terry, A very informative piece, though being 'born and reared' on a different continent altogether, having moved to Ireland in the early 2000's, it didn't quite help me understand my family's situation relative to "Local Rural Housing Needs". I do understand the Local Needs matters in general, though I wish to enquire about the definition of "Substantial Amount of Time" (i.e. of their life) as part of the criteria for 'Local Need'. By way of explanation: - Wife & I (both immigrants) have been resident in Co. Laois, not 1.5km from the site we wish to apply for (same road, in fact) for a little over 8.5years now. - Both kids (5yrs & 7yrs) born in Midlands Regional Portlaoise and have never lived anywhere else. - Both attended the local creche & now attend local school (across the road from the creche) - All of which are within 5km's of our present house. - Facing potential of landlord selling (no notice yet, but impending, I'm sure); would prefer not uprooting the children if at all possible - Wife works in healthcare of elderly in the area. When explaining the above to local authority, the period of 12 years was mentioned as "Substantial Amount of Time". Simply put: How could we get to 12 years when facing eviction, coupled with the pressure on housing at the minute, it would likely result in our needing (not wanting) to move to a different county altogether. You see, we have a family acquaintance who will consider selling a site to us nearby (mentioned above), though this apparently falls under "Stronger Rural Areas" definition. (never mind the issues with sightlines ;) Does one simply capitulate? Or would their be grounds for seeking an exception? Is it worth the risks, time or potentially money to do so? Many Thanks Alex

@coillmaher3239 2 года назад

The Rural Housing NEED restrictions protect genuine cases and genuine applicants. Otherwise, a free for all that allow sites open to potential applicants from outside the local area would increase site prices and land prices. And possibly would result in sites being beyond the budget of local people. Often our elected politicians often get involved in planning decisions and want the Development Plan rules (their own rules) to be 'relaxed'. Hence the inconsistent application decisions. Sure isn't that what councillors are there for 🤣We get the politicians we deserve.

@White_Chapel 2 года назад

Thanks for another good video Terry. Personally, I think that the local needs requirement is ridiculous for a number of reasons, but mainly because it can be waived by local authority planners in the same way as other conditions in the development plan. The most recent CSO data shows that 22.9% of all new housing built in 2021 was one-off. That rate has been consistent for some time now, and driving on any country road will show you that there is no real reduction of ribbon developments in rural Ireland

@terrygorry 2 года назад

If there is no real reduction are you arguing for a free for all? No restrictions? Planners get caught between their obligations and the demands of local politicians. Not easy to strike the right balance but I believer there must be control of development in rural areas or we will destroy the place with inappropriate development.

@White_Chapel 2 года назад

@@terrygorry Thanks for the reply Terry, I'm definitely not advocating for a free for all, just pointing out that while there appear to be strict rules, this doesn't match up with the number of new one off rural houses being built. This suggests that rules are being applied arbitrarily, and I know personally of numerous sites being granted permission where the local needs were not met. As for politicians, their input should end at the adoption of development plans. They have no statutory role in planning etc. any longer following the tribunals. I think this is a good thing Also if you go down west, it's hard to argue that the rural country side has been destroyed loose development during the boom and this still seems to be going on, just to a lesser extent Really, all I'd like to see is serious planning regs. applied equally to everyone. As far as I can see, this is not the case in reality right now

@terrygorry 2 года назад

@@White_Chapel I accept that the system is not perfect but we definitely need a system. There will always be exceptions to good planning etc. but if you saw some of the queries I receive on a regular basis about what is permissible and not permissible you would be thankful for the planning laws.👍

@jasminecommercemusic Год назад

These local needs “rules” are not only ridiculous, they are in fact, illegal.

@TheNinja691 10 месяцев назад

@@White_Chapelwell said! I’m from England and want to relocate to rural west Ireland but it seems I got no chance unless I’m related to the local milkman. It’s not about the development but the person which is bonkers! 😤

@omidrezaasadsales3396 Год назад

Hi , thanks for your video. It means that if we have connections with that area such as working in a business in that area, we can not apply for local need permission as we did not live there before. Is it right? And it seems that is only for Irish? Could you please answer my question. Thanks

@0413003 Год назад

Hi Terry. Thanks for sharing the information in your video. Is it correct or partially correct to say that the rural planning restrictions imposed by various county councils are actually contrary to a European law on freedom of establishment? And can this be challenged? While I agree that there must be some form of control over what is being built, there is a 3km "locals only" restriction in Cork which I fear will see the demise of rural schools and communities in the future with no young people moving to these areas. If people can prove a housing need and wish to build within a fair commutable distance to work there should be some leniency in the restrictions as this would take some pressure off the housing need. Especially with modern technology A rated homes bio cycle units solar Pv air to water etc one off rural houses can be very efficient.

@terrygorry Год назад

Thanks. No, I do not believe there is anything unconstitutional about our planning laws and do not believe they are contrary to European law on freedom of establishment. That is my view, anyway.

@avrilfitzpatrick2664 2 года назад

Thanks for this video. For Meath, If your living in a rural area in Meath and the site your looking at is 25km from your Meath parents home for example. Is this still considered a local need? It’s the nearest site I can afford near my elderly parents.

@terrygorry 2 года назад

You need to check the local needs criteria published by Meath county council. They are online.

@richardthomas7103 2 года назад

Thanks that’s very interesting , can you buy land with planning already or is it not transferable ?

@terrygorry 2 года назад

Yes, no problem

@bryanmcdonnell6899 2 года назад

It very much varies in each county council. counties such as Fingal county council which is an area under exceptional urban generated housing due to its proximity to Dublin city would have have the most stringent planning criteria in the country where as more rural counties in the midlands where there isn't a strong urban influence would have more lenient rules. Essentially Planners in the county councils are obliged to follow the rules of local and national planning policy which discourages one off housing outside of settlements in rural areas. From my experience 90% of applicants are granted permission under the "local connection" and are not working within the local rural area. People have a right to live in the communities they grew up in but must be developed in a sustainable manner and new housing development should be directed into villages. I think that farm land near villages should be cumpolosary purchased by the local authority for housing development and that one off housing should only be granted to those that working in the agricultural local economy.

@terrygorry 2 года назад

Yes, agreed, but each council, in developing its county development plan, must act within the boundaries of the planning laws put on the statute books by the citizens' representatives in the Oireachtais. We get to choose.

@Lal-Khan-Buzdar Год назад

Is there any Fully Funded Scholarship for Ph. D in Ireland? link plz

@apigeek7814 Год назад

Hi Terry, how do you identify if a plot of land is subject to local needs criteria? Is it simply a case of contacting the council to ask?

@terrygorry Год назад

Yes, but all rural land will be subject to local needs re planning

@sarahmoon2434 3 месяца назад

Hello, is there any local needs criteria if buying a derelict or empty property, thanks, Sarah

@terrygorry 3 месяца назад

@dontstopmenowakapetal3359 2 года назад

You mention bloodstock and equine industries as exceptions. Does the local need still apply in this case ?

@terrygorry 2 года назад

Yes, but you may have a better chance

@TheNinja691 10 месяцев назад

I’m looking at relocating from England to rural west of Ireland and it seems I got no chance, short of being related to the local milkman. It’s not about the development itself but the person which is bonkers. How is anyone expected to move anywhere with these rules? If it was purely about protecting the land, I could go along with that but I think it’s more sinister. Quoting Klaus Schwabb (WEF) “by 2030, you will own nothing and be happy!” . . . so they don’t want people being able to live off grid and self sufficient but it’s got everything to do with directing people towards living in smart towns and cities. CCS, SCS & CBDC’s is how they will do this! 😤

@terrygorry 10 месяцев назад

There is nothing stopping you from moving from England to rural west of Ireland. I am helping UK and US and European citizens on a regular basis and have 3 such transactions coming to a head at the moment. However, we have planning laws, just like in the UK and you cannot simply expect to build anywhere you like. Any number of properties available for you 😉

@simonmc78 2 года назад

Was there a ruling into this a number of years by the ECJ?. Also I don't understand the councils stance with regards to ribbon development. Most rural housing supply their own well and waste water treatment systems. Where does this stance come from??.

@terrygorry 2 года назад

Simon, yes there was a challenge in Europe. Councils stance come from what they believe is sustainable development and their obligations under the planning laws. I think most people would accept that there must be restrictions and boundaries.

@simonmc78 2 года назад

@@terrygorry Yes I would agree. Once you're from the general area I can see no issues with self builds even more so now with the rise of remote working and work/life balance i.e. less people in cars.

@niamhkeane755 2 года назад

If you don't quality for local housing need , can the land owner/farmer apply for planning permission for you (you pay for the engineer and architect etc) and you buy the site when pp is granted?

@terrygorry 2 года назад

Yes, but the farmer probably won't get permission. And if he did he may be prevented from selling by an occupancy obligation.

@niamhkeane755 2 года назад

@@terrygorry thank you for the reply

@jonathanmaguire1198 Год назад

What if the house is half build and the owner has decided to sell the unfinished house. If i'm not from the area do I need planning to complete the house and if so am I now subject to local needs

@terrygorry Год назад

Check the planning permission. It will provide that it’s occupied by a local first and for a number of years.

@jonathanmaguire1198 Год назад

@@terrygorry thanks for the reply Terry. The planning permission granted letter online has a section about the applicant meeting satisfying local needs, but nowhere does it refer to the applicant having to occupy the dwelling for a specific amount of time. Would it clearly state this or just refer to a condition

@terrygorry Год назад

@@jonathanmaguire1198 Sometimes it would have a separate condition regarding first occupancy

@BigJProductions Год назад

The process of getting construction permits in Ireland is utterly dysfunctional. Its seems to be an anglophone thing for some reason (NZ, UK, AU, US all the same). The whole tone of it is about being pitifully submissive to the authorities. There are many countries in the world where construction on your land is talked about in terms of RIGHT, not "given permission". Why do people accept this?

@terrygorry Год назад

Because we don’t want adventurers and charlatans building anything they want anywhere they like 👍

@BigJProductions Год назад

@@terrygorry And you think thats the only alternative to this currant charade do you? you need to get out of ireland a bit more if thats the case.

@CLCLTD Год назад

Hi there Terry, could you pm me please

@terrygorry Год назад

@CLCLTD Год назад

@@terrygorry nice, didn’t know how to contact you Terry. How can we talk

@terrygorry Год назад

@@CLCLTD Contact the office 👍

@jasminecommercemusic Год назад

I still can’t fathom how “local needs” is still used in Ireland to prevent people from obtaining planning permission when the EU ruled this was not legal back in what, 2005? While sustainable, responsible development should of course be the way forward anywhere in the world, using one’s “ties to an area” is simply against the EU “freedom of movement” tennet. I enjoy following your channel and its content as I navigate life in Ireland, but I’m surprised that you do not bring up the fact that these local needs rules are in fact, in large part illegal, and based on your responses in the comments, it would seem you even support them. How can Ireland enjoy the benefits of EU membership, and be allowed to continue to impose these illegal practices? You say in this video, “the law is the law”…. well?!?

@terrygorry Год назад

The local needs requirements are not illegal, the premise of your question is incorrect 👍