Getting Planning Permission in Ireland
A tough subject for some. Rural planning can be difficult to figure out. This is a general guide to housing need and general planning policies that are common in Ireland. Getting Rural Planning Permission can be difficult, but if you have a genuine housing need claim, then it should be easy!
TL;DR: Sorry to be blunt. I have worked in Planning Consultancy for 21 years. I have made a number of different planning applications and types and have seen a lot of hard cases. If you do not have a genuine housing need and are not intrinsic to an area, then don’t apply for planning. look at alternatives - sites in towns or demolition of older structures. Don’t bother appealing your case to An Bord Pleanála.
Rural Planning & Housing Need Guide
Some people find it difficult to secure planning permission on a rural site in Ireland for various reasons. It is to be generally understood that there is a predisposition to restricting rural housing to those people who may be functionally dependant on the land (farmers), or intrinsic to an area by way of background.
Generally, refusal of planning permission for rural housing can fall in to two categories:
Person does not have a genuine “housing need” claim (explained later).
Technical issues with site.
What is “Housing Need”?
A “Housing Need” claim arises where the applicant has a genuine need for rural housing in a particular location. A rural location is generally considered as lands that are outside a local area plan boundary and do not have any formal zoning. To satisfy a genuine housing claim, the following are common scenarios for potential Applicants:
A Farmer, functionally dependant on the land, with no house on the farm.
A Farmers Son or Daughter, who may be returning home to live and work on the family farm.
A Farmers Son or Daughter, who may be returning to live in the area where they were born and raised (intrinsic).
The Son or Daughter of a rural dweller, who have long-standing “intrinsic links” to an area, who are building their first home in the area where they grew-up.
A Returning Emigrant, returning to an area where the have long-standing “intrinsic links” to an area.
Some Local Authorities may have differing interpretations on what constitutes “Housing Need” or what Applicant Profile satisfies such a claim. Some Planning Authorities have different zones that may be under development pressure and have further restrictions on housing need.
What are “Intrinsic Links”?
Intrinsic links are long-standing and established links to a rural area. They define the background of an Applicant as having a strong association to the rural area. They are usually Applicant’s who are building beside their family home. Usually a number of intrinsic links need to be demonstrated to satisfy a claim. Such intrinsic links would be:
Went to national school in the local area
Baptised / Communion / Confirmation in the local church
Played regular sports with the local team (GAA).
Have lived in the local area for a substantial period of their lives
May have to return to look after elderly parents.
Building beside family home.
How do I substantiate a housing need claim?
Refusal of planning permission can arise when the housing need claim is considered as unsubstantiated or false. To substantiate a genuine housing need claim, you must submit documentary evidence to establish every fact of your claim. Typically:
Birth Certificate (to verify your age, place of birth and parents).
Deeds & Maps of family home (to verify parents ownership and duration of ownership)
Deeds & Maps of agricultural land (to verify family ownership and extents of ownership)
Herd Number / Green Certificate (if you are farming the land)
Letters from local priest / school principal confirming your local link.
Letters from employers confirming your circumstances
Letters from sporting organisation confirming intrinsic links.
Letter from community organisation confirming active involvement in local community.
Letter / Affidavit from Solicitor confirming your circumstances.
Why was I refused planning permission?
Refusal of planning permission can be disheartening. However, if your case is not genuine, then refusal should be expected. The following are typical scenarios where refusal would normally issue for unsubstantiated housing need claim:
You are from the local town, but want to live in the rural area just outside the town. Cases like this have no intrinsic links and a housing need does not arise to live in this location (there are zoned lands and urban housing in the town to support such housing need).
Your Uncle / Aunt gifted a site to you, but you are not from the area. You are not intrinsic to the area, you have no rural housing need in this area.
You intend to buy 2 horses and need land for them to graze, so you claim a rural housing need. You are not intrinsic to the area, you have no rural housing need, your agricultural activity (2 horses) does not make you functionally dependant on the land.
You plan on purchasing a farm and need a rural house. You are not intrinsic to the area. You need to demonstrate that you are functionally dependant on the land in isolation, as a full-time farmer, with herd numbers and an agricultural business plan. You have no housing need if you are not functionally dependent on the land.
You plan on looking after your older Aunt/Uncle. You are not intrinsic to the area. There is no housing need established in such cases.
Your parents bought a rural house some years ago (after living in a town) and you plan to look after them in their retirement. If you were not raised in this location then you are not intrinsic to the area by way of background. You have no rural housing need in this area.
You previously lived in a rural area but want to locate to another rural area. You are not intrinsic to the new area by way of background. You have no rural housing need in this area.
The Auctioneer has advertised a site for sale, sure they wouldn’t advertise it if it was not a viable site? Auctioneers are not Planning Consultants (generally!). A “Site”, no matter where it is, is still subject to the rigors of planning and establishing housing need and technical suitability. Never buy a site without suitable planning.
These are typical claims that are made, but this list is not exhaustive, there are many other such cases where “housing need” may not be genuine or applicable. It should also be noted that “housing need” is generally not a “need for housing”! - it is a need for rural housing, in a specific location, where genuine rural circumstance require a person to live there.
What “Technical Issues” affect a rural site?
It is one thing to establish a housing need, but fundamentally technical issues with a site may never be overcome. Always consult with an experienced local Planning Consultant / Engineer who are familiar with local council planning guides and technical requirements prior to preparing a planning application.
15 Common technical issues with a rural site:
Poor soil percolation characteristics / proliferation of septic tanks in the local area.
Poorly designed proprietary treatment system.
Inadequate water supply / contaminated supply / contaminated well.
Poor “Sight Lines” when entering and leaving a site. This is a traffic hazard. Sight lines are the amount of distance that you can see clearly when entering a leaving a site entrance. 70.0m is the minimum for a local road.
Development onto national and restricted regional roads, within the maximum speed limit. NEVER consider a site off a national road for planning. It is dangerous for traffic and for you. It goes against TII (NRA) guidelines.
Intensification of an existing driveway onto a national or restricted regional road. Intensification will have the existing entrance considered as if it were a new entrance. Intensification goes against TII (NRA) guidelines.
Sites that are too close to recorded monuments / heritage areas.
Sites that impinge on restricted views / focal points.
Sites that are in immediate proximity of Special Areas of Conservation / National Heritage Areas etc.
Sites that are ecologically sensitive / Lack of AA screening.
Flooding / Hydrology issues.
Sites that are considered as back-land development i.e. building behind an established building line.
Sites that have no access road / no legal right of way to access the property.
Ribbon Development (i.e. the road already has a dominance of one-off housing along it)
Design (discussed in other blog posts here).
Extract from the Cork Rural Design Guide.
What are the Planning Loop-holes?
There are very few. However, alternatives to be considered would be:
Demolition and replacement of an existing sub-standard dwelling. This is, of course, subject to County & Local Development Plan policy as stipulated by each individual Planning Authority. If the technical factors are correct with the site and there is a justifiable case for a replacement structure, then this may be an option.
Buying a site with planning permission. Make sure that there are no restrictive “enurement” clauses on the application which may prohibit the sale of the site to another individual.
Applying for planning permission in an area that is not considered as under “development pressure” and where permission is encouraged. Such areas may be remote and in decline, so they may not be attractive to everybody. You will have to consult your local Planning Authority to see if such areas exist.
Looking for sites within towns and villages. Zoned land is generally favourably considered as it is principally earmarked for development. However such sites may be expensive, but may have the advantage of being serviced (no septic tanks to worry about).
Brownfield sites within towns and villages. Some sites may have buildings that are no longer used and may work well as a renovation project.
My Planning Application was Refused, should I Appeal?
No. Planning Appeals to An Bord Pleanála are seldom granted (less than 25% chance). There is a predisposition against one-off housing on un-serviced land in the rural countryside in Ireland. Even if you think you have the best case in the world, and have struggled for years to secure permission, it is unlikely that An Bord Pleanála will consider your case favourably.
You may find yourself being brought to An Bord Pleanála by a Third Party. This is just bad luck. Again, your application will be considered in the strictest manner and there is a general predisposition against one-off housing. There are anecdotal instances of objectors profiteering off a Planning Appeal, however this is a discussion for another day!
But, the European Courts have ruled our planning laws as unconstitutional?
So what! These cases take years to be transcribed in to our laws. They require national planning frameworks to be revised and updated. Then, each County Development Plan or Local Area Plan has to be reviewed and updated.
Simply put, if the County Development Plan or Local Area Plan of your Planning Authority has restrictive housing policies for rural housing, then your application will not be decided in any other manner, no matter what case you make. The Planning Authority and An Bord Pleanála must adhere to the County / Local Area Plans and cannot deviate from these policies.
If you feel strongly about this, then take your case further to the High Court, but (generally) this can only be pursued if you can factually prove that there is an error in law in the decision of your planning appeal.
Best of luck with your application. Remember, hire a competent and experienced planning agent. The most reputable ones will tell you from the start if you have a viable case or not.
Authors Note: The examples in this guide are for reference only. Some planning authorities have differing standards and development plan requirements, therefore the guidance in this post is for general information purposes. This is not a legal interpretation of planning law or planning standards. The writer previously worked in a planning consultancy in Galway. Other people may have anecdotal stories that conflict with the opinion herein, however the opinion expressed in this post is from a working knowledge and application of the relevant standards. It is strongly advised that you retain the services of a Planning Consultant prior to considering or purchasing a site. You should always chose a reputable planning consultant or Engineer who has experience with your Planning Authority.
