Has anybody made successful 'Local Need' application/dispute with a Local Authority ?

nismo-s13 · 20-02-2019 5:21pm #1

Has anybody made successful 'Local Need' application/dispute with a Local Authority ?

Would you have a copy available to show the template used to build your case (that worked).

nismo-s13 · 20-02-2019 5:43pm

Has anybody made a successful 'Local Need' application/dispute with a Local Authority ? I am living (renting) and working local (5miles to prospective site) for over 6 years. The land is zoned under Directive RU - so you need to be working the land upon which you want to build as your main source of income or be a native of the local area to satisfy Local Need requirements.

Wondering if anybody had a successful case put forward to build under similar circumstances in the South Dublin/Kildare hinterland ?

We were both brought up in countryside / small townlands. Forced to relocate 2hours drive away for work and hate the thought of having to buy a generic off shelf dwelling in a housing estate. If paying for a mortgage for 35-years - I would like to have some space and freedom of design for the structure and garden/parking space to grow my side business (will need small compound).

It does seem nonsensical to allow anyone from any part of the planet to buy a home in the area - and potentially harm the cultural background/heritage of the community.

But when it comes to an Irish couple from similar rural backgrounds that will tie in well with the local community who require to live locally for work needs (but not farmers) - they are forced to hit a brick wall with this legislation.

90% of the country would only be delighted to buy a new home in a housing estate in suburban Dublin. But in my case I couldn't think of anything worse when it comes to finding our forever home

Any advise would be appreciated or if someone had a template they used for a successful application it would be of great benefit to us.

Thanks.

7znbd9xmoiupye · 20-02-2019 5:57pm

yurtyaherne wrote: »

Because if they didn't support it why would they make representations?

They can make a submission/observation if they have a problem with it like every other member of the public

can they not make a rep against it? Is a submission for or against called a rep when a councillor makes it?

sydthebeat · 20-02-2019 5:58pm

kildare has very detailed requirements to comply with local need

http://www.kildare.ie/CountyCouncil/Forms/Planning/Rural%20Housing%20Application%20Form%202018.doc

they should actually be commended for being so prescriptive.

you said you and your partner were both

both brought up in countryside

so what you need to do is to first find out of you lived there long enough under the requirements, secondly see of you can get the documentary evidence to prove that an thirdly find a suitable site for sale in those rural areas

nismo-s13 · 20-02-2019 7:47pm

Kildare do but South Dublin do not state the requirements as detailed as that - its extends basically to the two points I raised in the initial post. Working land for main source of income / native of area (grew up there and went to school / parish).

We already have a site lined up in South Dublin. But we are not native of this particular area. Same background - just a different county 70-80miles from Dublin. We are renting in the nearby town 5miles away from the location of proposed site. But ultimately we do not tick the Local Need requirement set out in the Local Development plan. We are just fobbed off and told to buy a new house in Adamstown/Lucan or similar and that may do you.

The system is not full proof and has level of discrimination attached to it. I want to know if people have protested against the policy and won a case by submitting a proposal to the local authority to state their claim to build and become a contributing member of society in a new rural area and become part of a community instead of letting the government pigeon hole people.

sydthebeat · 20-02-2019 7:51pm

It's a national policy, not just a local government one.

So if you want to challenge it you will have to go through the court system claiming discrimination and eventually end up in the European court of justice

arctictree · 20-02-2019 8:13pm

Even though the councils generally give 2 criteria for building in a rural area, family ties or working locally, the latter is nearly impossible to prove, so they nearly always only allow permission based on family ties.

Every now and then you see something in the media about how this going to change e.g:

https://www.google.com/amp/s/amp.irishexaminer.com/breakingnews/ireland/blanket-refusals-under-locals-only-housing-rulesset-to-change-892474.html

But it never changes....

Poor Uncle Tom · 20-02-2019 8:49pm

nismo-s13 wrote: »

Has anybody made successful 'Local Need' application/dispute with a Local Authority ?

Would you have a copy available to show the template used to build your case (that worked).

Yes, but every single case is different, therefore every single argument is unique as it's based on the person, not a template.

yurtyaherne · 20-02-2019 9:24pm

Gannon Crooked Rake wrote: »

can they not make a rep against it? Is a submission for or against called a rep when a councillor makes it?

Normally reps are made in support of an application or if the Councillor wants to be kept updated with the status of an application.

In a normal situation, the Councillor would be in regular contact with the planning office and would be notified of the decision once its signed off. This way they can relay the information to the applicant before the receive the written decision in the post.

Councillors and T.D's can now make a submission on a planning file without paying the 20e fee.

BryanF · 20-02-2019 10:05pm

Some posts merged

OP,
Welcome to boards.
Please just start One thread per topic thanks
Have a read around the forum, this has been covered a lot.

Have you considered An board pleannala?

doug82 · 22-02-2019 2:12am

nismo-s13 wrote: »

Kildare do but South Dublin do not state the requirements as detailed as that - its extends basically to the two points I raised in the initial post. Working land for main source of income / native of area (grew up there and went to school / parish).

We already have a site lined up in South Dublin. But we are not native of this particular area. Same background - just a different county 70-80miles from Dublin. We are renting in the nearby town 5miles away from the location of proposed site. But ultimately we do not tick the Local Need requirement set out in the Local Development plan. We are just fobbed off and told to buy a new house in Adamstown/Lucan or similar and that may do you.

The system is not full proof and has level of discrimination attached to it. I want to know if people have protested against the policy and won a case by submitting a proposal to the local authority to state their claim to build and become a contributing member of society in a new rural area and become part of a community instead of letting the government pigeon hole people.

In my experience South Dublin is by far the most difficult planning authority to get a rural house. My client grew up 500m from his site and was refused 3 times. In reality their policy is to refuse even if local needs can be demonstrated. They even said it would contribute to urban sprawl

Lumen · 22-02-2019 7:25am

Effectively the policy is a housing subsidy for well connected locals.

OP, there's nothing stopping you or anyone else from buying an existing house and living in it or rebuilding to meet your wants. Other than money.

Has anybody made successful 'Local Need' application/dispute with a Local Authority ?

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