Planning conditions ‘could be unconstitutional’

PLANNING conditions which discriminate in favour of local residents or relatives of local residents could be unconstitutional, according to the Law Society.

The representative and regulatory body for solicitors said conditions laid down by local authorities could also be contrary to the European Convention of Human Rights and domestic equality law.

The report, drawn up by the society’s law reform committee, listed these conditions as:

Bloodline conditions, which discriminate between relatives of local residents and non-relatives.

Returning emigrant conditions.

Local residency conditions.

Local employment conditions.

“If the conclusions of the report are applied by planning authorities, it will mean that certain persons who have benefited from a special status in the past in relation to building and living in the countryside or villages may no longer do so,” said the report.

“Such people will include relations of local residents, returning emigrants and those who are local residents but not local employees, or local employees who are not also local residents.”

The report wants an amendment to the Planning and Development Act 2000, so conditions laid down by planning authorities and An Bord Pleanála cannot discriminate on these grounds.