Qualifying Criteria Form for One Off Rural Housing

Louth County Council

SECTION A

The purpose of this section is to give an overview of the Louth County Council policies and objectives as

they relate to rural one off housing as set out in the Louth County Development Plan (LCDP) 2015 -

2021. The policy of the LCDP is to accommodate within rural areas people who are functionally or

socially part of the rural community.

This document is a summary document for those applying for one off rural housing. The full LCDP is

available for viewing at www.louthcoco.ie/en/Publications/Development-Plans/Louth-County-Council-

Development-Plans/Louth-County-Development-Plan-2015-2021

The rural area of the County is divided into 6

development control zones. In exercising the

assessment of one off rural housing, the Council

will have regard to the objectives of the

Development Control Zones 1 to 6.

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Louth County Council

Local Needs

In order to protect the rural areas of the County from excessive urban generated housing, the Council considers it necessary to retain the local needs provision as recommended in the document Sustainable Rural Housing Guidelines, 2005 DECLG. The Local Needs Qualifying Criteria as outlined for each development control zone are set out as follows:

Development Zone 1: To Preserve and protect the natural unspoilt physical landscape

1. Applicants are the son or daughter of a qualifying landowner. The applicant must demonstrate a rural housing need and show that they do not already own a house or have not owned a house within the rural area of the county for a minimum of 5 years prior to making an application.

Or2. That the applicant is providing care for an elderly person(s) or a person(s) with a disability who lives

in an isolated rural area and who does not have any able bodied person residing with them. One house only will be allowed on this basis and the site must be adjacent to the dwelling in which the elderly person(s) or person(s) with the disability resides.

Development Zone 2: To protect the scenic quality of the landscape and facilitate development

required to sustain the existing rural community.

Development Zone 3: To protect the recreational and amenity value of the coast.

Development Zone 4: To provide for a greenbelt area around the urban centres of Dundalk, Drogheda

and Ardee.

1. Applicant(s) is the son/daughter of a qualifying landowner. The applicant must demonstrate a rural housing need and show that they do not already own a house or have not owned a house within the rural area of the county for a minimum of 5 years prior to making an application,

Or

2. That the applicant(s) have lived for a minimum period of 10 years in the local rural area (including cross-border), they have a rural housing need, they do not already own a house or have not owned a house within the rural area of the county for a minimum of 5 years prior to making an application,

Or

3. That the applicant is actively and significantly involved in agriculture and that the nature of the agricultural activity, by reference to the area of land and/or the intensity of its usage, is sufficient to support full time or significant part time occupation. Where the applicant is employed on a part time basis, the predominant occupation shall be agriculture. In all cases, supporting documentation outlining that the nature of the activity is sufficient to support full-time or

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Louth County Council

significant part time work shall be provided. The proposed dwelling shall be on a site immediately adjacent to or within the boundaries of that agricultural enterprise.

Or

4. That the applicant is actively and significantly involved in the bloodstock and equine industry, forestry, agri-tourism or horticulture sectors or rural based enterprise, that the nature of the activity is sufficient to support full time or significant part time occupation and that the applicant can demonstrate a specific functional need to live at the site of their work. Where the applicant is employed in a part time basis, the predominant occupation shall be in the bloodstock and equine industry, forestry, agri-tourism or horticulture sectors or rural based enterprise. In such cases supporting documentation outlining that the nature of the activity is sufficient to support full time or significant part time work shall be provided. The proposed dwelling shall be on a site immediately adjacent to or within the boundaries of that enterprise.

Or

5. That the applicant is providing care for an elderly person(s) or a person(s) with a disability who lives in an isolated rural area and who does not have any able bodied person residing with them. One house only will be allowed on this basis and the site must be adjacent to the dwelling in which the older person(s) or person(s) with the disability resides.

Development Zone 5: To protect and provide for the development of agriculture and sustainable rural

communities and to facilitate certain resource based and location specific developments of significant

regional or national importance. Critical infrastructure projects of local, regional or national

importance will also be considered within this zone.

1. Applicant(s) is the son/daughter of a qualifying landowner. The applicant must demonstrate a rural housing need and show that they do not already own a house or have not owned a house within the rural area of the County for a minimum of 5 years prior to making an application,

Or

2. That they have lived for a minimum period of 10 years in the local rural area (including cross-border), they have a rural housing need, they do not already own a house or have not owned a house within the rural area of the County for a minimum of 5 years prior to making an application,

Or

3. That the applicant is actively and significantly involved in agriculture and that the nature of the agricultural activity, by reference to the area of land and/or the intensity of its usage, is sufficient to support full time or significant part time occupation. Where the applicant is employed on a part time basis, the predominant occupation shall be agriculture. In all cases, supporting documentation outlining that the nature of the activity is sufficient to support full-time or significant part time work shall be provided. The proposed dwelling shall be on a site immediately adjacent to or within the boundaries of that agricultural enterprise.

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Louth County Council

Or

4. That the applicant is actively and significantly involved in the bloodstock and equine industry, forestry, agri-tourism or horticulture or rural based enterprise, that the nature of the activity is sufficient to support full time or significant part time occupation and that the applicant can demonstrate a specific functional need to live at the site of their work. Where the applicant is employed in a part time basis, the predominant occupation shall be bloodstock and equine industry, forestry, agri-tourism or horticulture sectors or rural based enterprise. In such cases supporting documentation outlining that the nature of the activity is sufficient to support full time or significant part time work shall be provided. The proposed dwelling shall be on a site immediately adjacent to or within the boundaries of that enterprise.

Or

5. That the applicant is providing care for an elderly person or a person with a disability who lives in an isolated rural area and who does not have any able bodied person residing with them. One house only will be allowed on this basis and the site must be adjacent to the dwelling in which the older persons or person with the disability resides.

Or

6. That the applicant is required to live in a rural area for exceptional health reasons. Such applica -tions must be accompanied by a medical consultant’s report and recommendation outlining the reasons why it is necessary for the applicant to live in a rural area and also be supported by an appropriate disability organization of which the applicant is a registered member.

Development Zone 6: To preserve and protect the heritage and cultural landscape of the UNESCO

World Heritage Site of Brú na Bóinne, the UNESCO (Tentative) World Heritage Site of Monasterboice

and the Site of the Battle of the Boyne.

1. Applicant(s) is the son/daughter of a qualifying landowner in the local rural area (including cross-border) and where the applicant has resided in the family home on the landholding for a minimum period of 10 years. The applicant must demonstrate a rural housing need and show that (i) they do not already own a house or have not owned a house within the rural area of the county for a minimum of 5 years prior to making an application and (ii) that they do not own land outside of the buffer area of the UNESCO World Heritage Site of Brú na Bóinne and/or the UNESCO (Tentative) World Heritage Site of Monasterboice Early Medieval Monastic Site and (iii) that they comply with either (a) or (b) as outlined below,

(a) That the applicant is actively and significantly involved in agriculture and that the nature of the agricultural activity, by reference to the area of land and/or the intensity of its usage, is sufficient to support full time or significant part time occupation. Where the applicant is employed on a part time basis, the predominant occupation shall be agriculture. In all cases, supporting docu-mentation outlining that the nature of the activity is sufficient to support full-time or significant part time work shall be provided. The proposed dwelling shall be on a site immediately adjacent to or within the boundaries of that agricultural enterprise, or

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Louth County Council

(b) That the applicant is actively and significantly involved in the bloodstock and equine industry, forestry, agri-tourism or horticulture sectors or rural based enterprise, that the nature of the ac -tivity is sufficient to support full time or significant part time occupation and that the applicant can demonstrate a specific functional need to live at the site of their work. Where the applicant is employed in a part time basis, the predominant occupation shall be bloodstock and equine in-dustry, forestry, agri-tourism or horticulture sectors or rural based enterprise. In such cases sup-porting documentation outlining that the nature of the activity is sufficient to support full time or significant part time work shall be provided. The proposed dwelling shall be on a site immedi-ately adjacent to or within the boundaries of that enterprise.

Or

2. That the applicant is providing care for an elderly person(s) or a person(s) with a disability who lives in an isolated rural area and who does not have any able bodied person residing with them. One house only will be allowed on this basis and the site must be adjacent to the dwelling in which the elderly person(s) or person(s) with the disability resides.

Notes:

Definitions as set out in the Louth County Development Plan 2015 - 2021

Local area is being a radius of six kilometres from the qualifying rural family residence. Where the

qualifying area is reduced by reason of its location, for example, proximity to the coast, county

boundaries or development zone boundaries, the six kilometer (6km) radius may be extended to include

an area equivalent to the area lost.

County Based Local Area Needs for Level 4 settlements A county based local area need refers to, the

housing needs of persons who are from County Louth or who work within the County. In determining

what constitutes a county based local area need for Level 4 Rural Settlements, the Council will take into

consideration the applicants family, work, school and other ties with the County in addition to his or her

accommodation needs.

Housing Need shall be established where the applicant does not currently own a house and has not

owned a house within the rural area of the county for a minimum of five years prior to making an

application.

Landowner: a Qualifying Landowner is defined as being where a person has owned a landholding of at least 3 hectares for a minimum of 10 years.

Site Section Policies

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Louth County Council

The below is a set of policies to be mindful of in terms of site selection. This is not an exhaustive list.

Chapter 2 of the Louth County Development Plan sets out extensive rural housing policy.

SS 27 Applicants, who qualify to build within a rural area on the basis of residency within Development Zone 5, will not be deemed to qualify to build within any other development zone.

SS 28 To apply a presumption against granting planning permission within Development Zone 1 and 6 where there is an alternative site available on family lands in Development Zones 2, 3, 4 and 5.

SS 29 To apply a presumption against granting planning permission within Development Zones 2, 3 and

4 where there is an alternative site available on family lands in Development Zone 5.

SS 53 To prevent the creation of ribbon development by not permitting more than four houses in a row along any public road. A minimum gap of 300 metres shall be maintained between such developments. An exception to this requirement may be considered where the dwelling is required to meet the housing needs of a son/daughter/foster child of a qualifying landowner and where the planning authority is satisfied that there is no other suitable site available on the landholding.

SS 54 To preserve a clear break of a minimum of 300 metres between the boundary of existing

settlements and any permitted development along adjoining roads.

Rural Housing Design Criteria

Landscapes in County Louth vary greatly from upland areas in the northern and southern ends of the County, the rolling farmlands of mid Louth, drumlin landscape towards the west of the county and exposed coastal landscapes to the east of the County.

Applicants should be mindful that good design respects and learns from what has gone before and interprets traditional forms and materials in the contemporary context. It is our wish that the single house developments constructed in the countryside will be sensitively located in the landscape, will be designed to be flexible and adaptable to meet the principles of universal design and will contribute in a positive manner to the built heritage of the County.

A new dwelling permanently alters the landscape, therefore, a new building needs to be designed and constructed with a view to the long term implications of its impact on its surroundings.

An applicant will need to demonstrate that the dwelling house has been designed sensitively taking account of the surrounding landscape. Further guidance is available at section 2.20 on rural house design and siting criteria of the LCDP 2015 – 2021.

Technical Information:

The applicant shall satisfy the Council that the method of disposing of wastewater whether by means of a conventional septic tank and percolation area or other wastewater treatment sys-

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Louth County Council

tem, is fully in compliance with the guidelines and requirements of the “Environmental Protec-tion Agency (EPA) ‘Code of Practice: Wastewater Treatment Systems for Single Houses 2009.

Surface water from the site shall be disposed of within the boundaries of the site and shall not discharge onto the public road or adjoining property. Surface water attenuation and disposal de-tails, plan and specifications shall be submitted.

The provision of suitable and safe entrances is essential to facilitate traffic flow and movement and to protect the safety of road users. Visibility standards in respect of new entrances and ex-isting entrances where there is an intensification of use, onto all categories of roads and vehicle dwell areas, are set out in Table 7.4 and 7.5 of the CDP 2015-2021.

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Louth County Council

SECTION BInstructions

This form should be completed and submitted as part of a planning application for all rural houses. This

form and documents will be used to assess the eligibility under the provisions of the Development Plan

and to substantiate a housing need. Before completing this form you are advised to study the relevant

provisions of the Louth County Development Plan 2015 - 2021 and in particular section 2.19 One Off

Rural Housing Policy.

Section 1: General Information

1. Name of the proposed adult for whom the rural housing need is being established. (This should

be the same name under which the application has been submitted)

____________________________________________________________________________________

____________________________________________________________________________________

2. Applicants current address:

___________________________________________________________________________

___________________________________________________________________________

Owned:_______________ Rented__________________Other _______________________________

3. Application site address:

____________________________________________________________________________________

____________________________________________________________________________________

4. Indicate on an OS sheet the location of the home dwelling you occupied for a period of ten years and

the proposed development site. Please also provide the townland address of both

____________________________________________________________________________________

____________________________________________________________________________________

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Louth County Council

Section 2: Development Plan Policy

1. Which development control zone is the site located in?________________________________________________________________________________________________________________________________________________________

Applicant to note it is the policy of the Council to presume against the granting of planning permission

within development zones 2, 3 and 4 where there is an alternative site available within zone 5.

2. Under which category of local need is it considered that the proposed applicant intends to qual-ify (set out page11 on wards)? ________________________________________________________________________________________________________________________________________________________________________

Fill out appropriate section and please tick and provide a schedule of the documents that have been

submitted.

Applicant to note that failure to document and demonstrate compliance with category of need may

result in delays or refusal in your planning application.

The onus is on the applicant to demonstrate compliance with the category of housing need.

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Louth County Council

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Category of Local Need Relevant Documents

Required

Documents

Submitted

1. Applicants are the son or daughter of a qualify-ing landowner. The applicant must demonstrate a rural housing need and show that they do not already own a house or have not owned a house within the rural area of the county for a minimum of 5 years prior to making an application.

(Development control zone :1,2,3,4,5)

Land Registry Certificate and

folio number

Long Birth Certificate

Letter from local clergy stating

the place of birth, the address

of the family residence at that

time if different from current

address, including any other

relevant information e.g.

primary school attended.

School records stating the

number of years attending the

school and any other relevant

information

Voter number

Map detailing qualifying

residence and proposed site

location (within 6km radius)

Utility Bills

A letter to state that they (the applicant) do not already own a house or have not owned a house within the rural area of the county for a minimum of 5 years prior to making an appli-cation. Note: This letter can be a self

declaration.

Other (Please specify and give details of how the documenta-tion demonstrates compliance)

Category of Need Relevant Documents Documents Submitted

2.That they have lived for a minimum period of 10

years within the local area in which they propose to

build, do not already own a house or have not owned a

house within the rural area of the county for a

minimum of 5 years prior to making an application,

Long Birth Certificate

Letter from local clergy stating

the place of birth, the address

of the family residence at that

time if different from current

Louth County Council

I attach schedule of documents as listed below.

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

I hereby declare that to the best of my knowledge the information contained above is correct.

Applicant’s signature _____________________________________________Date__________________

(Note: This document must be signed by applicant. Agent’s signature is not acceptable. )

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