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Planning Issues

Dáil Éireann Debate, Thursday - 25 June 2026

Thursday, 25 June 2026

Ceisteanna (203)

Pearse Doherty

Ceist:

203. Deputy Pearse Doherty asked the Minister for Housing, Local Government and Heritage in view of the proposed review of rural housing planning policies, if he will review planning restrictions affecting applicants seeking permission for one-off housing developments along the N56 in County Donegal; and if he will make a statement on the matter. [48148/26]

Amharc ar fhreagra

Freagraí scríofa

As set out in Delivering Homes, Building Communities, I intend to publish a National Planning Statement in of the second half of 2026 that will set out relevant planning criteria to be applied in local authority development plans for rural housing, based on the high level policy framework set in the National Planning Framework (NPF).

My Department is currently preparing a draft Statement, to be issued under Section 25 of the Planning and Development Act of 2024 further to Government approval, in order to provide consistency in the approach to rural housing across the Country.

Since the publication of the current Sustainable Rural Housing Guidelines in 2005, there have been important changes to our planning system and our obligations under European Directives and international agreements. Due care is being taken to ensure the new Rural Housing National Planning Statement will not conflict with fundamental EU freedoms, will comply with EU environmental requirements and will have due regard to decisions of the European Court of Justice.

The NPS will expand on the high level spatial planning policy of the National Planning Framework, in particular on National Policy Objective (NPO) 28 which relates to rural housing. This objective makes a clear distinction between rural areas under urban influence (i.e. areas within the commuter catchment of cities, large towns and centres of employment), where the policy approach is to facilitate new rural housing for those with a local rural housing need, and wider rural areas where there is greater flexibility to build single rural housing. NPO 28 is also aligned with the established approach whereby considerations of social or economic need are to be applied by planning authorities in the assessment of development proposals for new one-off housing in rural areas under urban influence.

With regard to development on national roads, the Spatial Planning and National Roads Guidelines, issued in 2012 as Ministerial Guidelines by the then Minister for the Environment, Community and Local Government under section 28 of the Planning and Development Act 2000 (as amended), set out the circumstances under which access can be provided. Planning authorities are required to have regard to the Guidelines in the performance of their functions.

The Guidelines state that local authority Development Plans must include policies which seek to maintain and protect the safety, capacity and efficiency of national roads and associated junctions, avoiding the creation of new accesses and the intensification of existing accesses to national roads where a speed limit greater than 50 kmh applies. The guidelines do state that, in certain circumstances, planning authorities may identify stretches of national secondary roads where a less restrictive approach may be applied as part of the process of reviewing or varying the relevant development plan.

Development plans and any relevant local area plans may provide for a limited level of direct access to national roads to facilitate orderly urban development on the approaches to or exit from urban centres that are subject to a speed limit of 60 kmh before a lower 50 kmh limit is encountered. The Guidelines also state that access to national roads will be considered by planning authorities in accordance with normal road safety, traffic management and urban design criteria for built up areas where a 50 kmh limit applies.

Both the zoning of land under the Planning and Development Acts, and the setting of speed limits under the Road Traffic Act, are reserved functions of local authorities. Section 63(3) of the Local Government Act 2001 provides that, subject to law, a Local Authority is independent in the performance of its functions.

The local authority development plan is the principal planning policy tool to achieve these national objectives at a local level. When preparing a development plan, planning authorities were required under the 2000 Act to have regard to any Ministerial Guidelines issued under section 28 of that Act, and to apply any specific planning policy requirements contained within those Guidelines. Ministerial Guidelines will, over time, be replaced with National Planning Statements (NPSs) issued under Section 25 of the new Planning and Development Act of 2024. Going forward, all development plans must be ‘materially consistent’ with any National Planning Policies and Measures and take ‘due account’ of any National Planning Policy Guidance in an NPS.

In the interests of clarity, all current Ministerial Guidelines will continue to have effect under Section 27 of the Act of 2024 until such time as they are revoked or replaced by a National Planning Statement.

Question No. 204 taken with No. 102.
Roinn