The European Commission is expected to find that Government guidelines on one-off housing in rural areas, designed to favour local people, are in breach of basic rights involving the free movement of capital and of establishment. The guidelines were introduced before the local government elections in 2004 following pressure from local councillors and the farming community.
At the moment, 22 county councils discriminate against who will, or will not, be granted planning permission for one-off housing in particular districts. The rules, once designed to limit urban sprawl and to protect special areas of conservation, protection or natural heritage, now make exceptions for farmers, their relatives, local people and others. A complaint was made to the European Commission by a man unable to buy land with planning permission in Co Wicklow.
Ireland is not the only country likely to be criticised by the European Commission. Local authorities in France and Germany also operate discriminatory practices in favour of local people. All three countries are likely to be asked to change that situation next week in a way that will offer an equal opportunity to all EU citizens. Governments will have two months in which to respond.
The commission may look at other issues, such as a right to buy apartments in designated Gaeltacht developments by persons who do not speak Irish. Such an arrangement, like the planning guidelines favouring local people, is probably repugnant to the Constitution. But a ruling from Brussels would pre-empt any legal challenge.
Making exceptions to planning regulations is fraught with difficulty. It encourages councillors to make bad decisions. It gives rise to a public perception of inequity and, sometimes, of official corruption. It is unfair to planners and can be damaging to the common good. Even where hardship may be caused to the children of landowners, the importance of good planning and the preservation of the environment should take precedence.
That is not to argue for excessively rigid planning laws. But we cannot continue on our present course. There has been an explosion of one-off housing in the countryside and of speculative estate-building in small towns and villages. Jobs and wealth have been created. But sewage systems have been overwhelmed. And septic tanks are simply inadequate. Good planning is not an optional extra. Tourists regard the landscape as Ireland's primary attraction. If we are to grow the industry and generate employment, we must protect that invaluable asset and limit development in sensitive areas. The European Commission is likely to do us a favour next week.