‘Local need’ rule needs to be addressed – Shaw

Backing came from all quarters at the November meeting of the Municipal District of Mullingar Kinnegad to a proposal from Cllr John Shaw that one of the “local need” rules relating to rural housing be scrapped in cases where the original applicant is unable to finish or occupy a house.

He said it is causing a problem that can prevent sale of the unfinished dwelling even a decade later.

“I have come across cases where you have unfinished houses, in a rural area, where, for whatever reason – a couple separating, financial reasons – they couldn’t finish the house. Now, in some cases, even 10 or 12 years later – they’re unable to sell that house on the market because of a local needs restriction, which makes no sense whatsoever.”

He said it was daft that where a house is lying idle, a family cannot buy it without having to adhere to a strict local needs condition, and suggested that his motion go forward to the full council meeting.

The reply from the district executive stated that the development of individual dwellings is governed by their associated planning permission and accompanying statutory conditions. “There are certain instances where conditions of permission limit first occupation of a dwelling to that of the applicant or to other persons who belong to the same category of housing need as the applicant,” it said.

The reply added that those conditions allow for an unfinished dwelling to be completed – but that it has to be by someone of a similar housing need to the original applicant.

“It should also be noted that the need to satisfy local needs criteria in the event that the original applicant is unable to finish/occupy said house, does not apply in instances of the sale of the dwelling by a mortgagee in possession or in circumstances where someone has derived title from such a sale,” it concluded. Cllr Denis Leonard supported Cllr Shaw’s motion, saying it made sense, while Cllr Andrew Duncan also backed his call.

“There’s a need for real clarity in relation to what is a local area need criteria in the first place, but in particular, for houses that are in varying stages of completion, that people understand that they’re not in a position to sell them.”

Cllr Frank McDermott said that where such houses become available, there can be a reluctance among neighbours to buy in case they are accused of “land-grabbing”. Support came also from Cllr Aoife Davitt.