Controversial "occupancy clauses" included in Co Kerry planning permits in order to limit rural development have legal standing, according to advice received by Kerry County Council.
The validity of the clauses in the new draft Co Kerry development plan was questioned by Mr Jackie Healy-Rae TD, who supports the Irish Rural Dwellers' Association's objectives of greater rural housing and the abolition of the clauses.
He said he had "top-class information" that occupancy clauses - which limit rural development to those working and residing permanently in the county and which restrict holiday home developments to alongside towns and villages - were worthless. He asked the council to get a legal opinion on the matter.
In a written opinion, Senior Counsel Mr Dermot Flanagan said such restrictions can be validly contained in a development plan and can form conditions of a planning permission under the provisions of the Planning and Development Act, 2000. The council could therefore validly adopt the relevant sections of its Rural Settlement and Holiday Homes policy, Mr Flanagan said.
Councillors are coming under pressure from the IRDA, which wants the draft development plan changed radically to encourage one-off rural houses.