Call for ‘flexibility and fairness’ in planning guidelines

CLARE County Council has been asked to examine the “flexibility and fairness” of the residency clause in relation to planning.

At Monday’s meeting of Clare County Council, Mayor Tony Mulcahy asked for the clause to be revisited, “taking into account the equity collapse of properties, the jobs crisis and the fear and horror facing many home owners in this county of possible foreclosure by the banks”.
In a written response, Nora Kaye of the planning department, stated the residency clause was a statutory requirement. She said that the guidelines in place mean “occupational conditions shall be applied to houses constructed in rural areas and in particular areas under considerable pressure for development”.
“The specified minimum period of residency is seven years. The guidelines make provision for the lifting of the occupational conditions in respect only of the sale of properties by lending institutions in circumstances relating to a loan foreclosure,” Ms Kaye continued.
“The current council policies provide for the lifting of such conditions only where there are exceptional circumstances including the above, or in instances of marital separation/relationship breakdown. The department (planning department of the council) is fully aware of the current fiscal and social conditions and challenges pertaining to property ownership for individual families and land owners in the State and is seeking further guidance on this matter at a national level from the Department of the Environment, Heritage and Local Government.”
Councillor PJ Kelly said it is important that there be some flexibility and that “genuine people be accommodated”.
Councillor Michael Hillery said people who are unable to make payments had spoken to him and that they are under very serious pressure.
“Carte blanche” shouldn’t be given to circumvent the planning process, Councillor Joe Arkins claimed, but said there were situations where exceptions might be desirable.