Planning permission rules face EU challenge

PLANNING rules that restrict building permission to those who speak Irish, are from the locality or work on the land, are to be challenged by the European Commission.

Originally designed to prevent building in areas under pressure the rules enforced by a number of local authorities make it virtually impossible for non-Irish citizens or people not from the locality to get planning permission.

Internal Market Commissioner Charlie McCreevy is understood to believe they are contrary to EU law. He is expected to take the first step against county development plans by officially requesting further information once the commissioners agree to the action at their weekly meeting today.

There have been complaints that the rules restricting who will get planning permission is contrary to the right of EU citizens to live where they want and to the free movement of capital as guaranteed by the EU treaties.

Ireland will have two months to respond and if the commission is not satisfied by the explanations the second step towards action will be initiated.

Most counties demand that anybody seeking planning permission lives in the area or has family links there.

Many others insist that applicants are working locally while some specify that they must be working in a limited number of jobs.

Ireland is expected to get a second warning to change the way the Department of Agriculture and Fisheries award advertising contracts. The Government has two months to respond.

The State has been warned it must carry out an Environment Impact Assessment (EIA) for the proposed super prison, Thornton Hall planned for North Dublin.

The Government exempted developments such as jails from the need to carry out an EIA before getting planning permission. But Labour MEP Proinsias De Rossa has been told by the EU’s environment commissioner that under EU legislation an EIA is required for the jail.

The commissioner, Stavros Dimas, has said that he is considering the Government’s response to a formal warning sent last year.

Mr Rossa said that in October 2005, at a meeting in Dublin between the Government and commission officials, the Government claimed that European law did not require an EIA for the proposed prison.

The commission disagreed and in May 2006 sent a letter of formal notice or first warning, to the Government. Mr de Rossa said the Government replied in September 2006 and the commission is examining their response.

“In his answer to my recent question, Commissioner Dimas now says that Ireland’s blanket exclusion for prisons breaches the EIA directive, pointing out that a prison could constitute an ‘urban development project’”, said Mr De Rossa.