Planning Condition "Benefits banks but bankrupts families"

Planning Condition "Benefits banks but bankrupts families" - Sharkey tells European Parliament Committee.

Louth County Councillor Tomás Sharkey is due to make a presentation to the Petitions Committee of the European Parliament on what he says is an "unfair deal for families and a lucrative bonus for banks."

The high profile Councillor will be making the case before the committee this week.
Speaking about the case Councillor sharkey said;

"For some years now occupancy clauses have been imposed on planning permission for one - off homes in rural Ireland. This clause means that the families are bound to live in the home for 5 or 7 years, depending on the area. This clause has been introduced as a result of the 2000 Planning and Development Act and also the Sustainable Rural Housing Guidelines of 2005. if the family wishes to sell their property, they can only sell on to another longstanding local resident with a housing need.

"In general there has been no issue with this clause but in recent times more and more people have noticed a blatant advantage to banks in this planning condition. Where a family are restricted as to who they may sell the property on to, a bank which repossesses the home can sell that house on the open market to anybody from Ardee to Adelaide.

"Basically, a family in financial difficulty cannot sell their home and realise their asset unless they sell to another local with a housing need, deflating the potential price available. Many hard pressed families are in this situation. However, this burden does not apply to a bank if they repossess the home. After repossessing a family's home, the bank alone will enjoy an open market.

"I am making this petition to the committee of the European Parliament in an attempt to highlight the advantage that banks have been receiving from planning legislation over the years in Ireland. We now need to see an end to unfair practices like this. I will be calling on the committee to accept there is an anomoly and give an undertaking to investigate measures to address it."

Notes to editors;
Section 39(2) of the Planning and Development Act is available on www.irishstatutebook.ie
The occupancy conditions are detailed on the Sustainable Rural Housing Guidelines, Appendix 1