Bord Pleanála ruling - Enforcing decision will be difficult

The decision by An Bord Pleanála in relation to the enforcement of the Irish language conditions when granting planning permission is both significant and perplexing.

It is significant in that it indicates a scientific method of arriving at the ratio of houses for allocation to Irish speakers in housing developments in Gaeltacht areas, but is rather fuzzy on how it is to be enforced and policed.

The Bord arrived at its decision having dealt with two planning appeals in counties Kerry and Galway.

In the development in Ballyferriter, it deemed that 75% of occupants in the development needed to be either fluent or have a command of the Irish language. In the case of the Furbo development, the standard would be 60% of occupants.

The divergence in the two requirements is explained by the fact that the Bord based its decisions on the census returns and the number of school grants awarded in the areas.

In both cases it ruled the restriction should remain in place for 15 years, but leaves the question of how it should be policed effectively in the balance.

While the yardstick to determine how many houses should be made available to Irish speakers is welcome, and this refers only to the head of the household, it would appear that it is left to the pertinent local authority and the developer to ensure it is adhered to.

It would have been clearer and more practical had the Bord nominated the party with ultimate responsibility rather than leave the door open for confusion.