Clare County Council was yesterday accused of infringing constitutional rights as it began to enforce its policy of generally banning "outsiders" from building homes in parts of the county.
It follows a planning application - by a German national, Ms Marion Schulz, and her Kerryborn partner, Mr Michael Guiheen - being put on hold by the council. They are seeking outline permission for two houses at Cloonamirran, Mountshannon, east Clare. They have been told that should they wish to proceed with the application, they must provide details of the occupants of the proposed houses.
The council states that the site of the application is in a visually vulnerable area, as designated in the 1999 County Development Plan in which it is council policy to restrict further development outside existing settlements or designated areas. The council states: "The policy may be relaxed in individual cases where the genuine housing requirements of local people are involved. There is no provision in the policy of the planning authority for planning permission to be granted for speculative development for sale at this location."
To establish whether the development would qualify for a relaxation of the policy, the applicants are asked to supply details of the occupants' connection with the locality; details about how long they have lived in the area; the location of their workplace; the location of their present home and the location of any family dwellings in the area.
The council questions relate to its controversial policy contained in its recently adopted County Development Plan of generally banning non-locals building houses in the countryside in areas said to be under high development pressure and in vulnerable landscapes and along scenic routes. The policy has been described by the former Clare TD, Dr Moosajee Bhamjee, as "racist".
Ms Schulz, who has Irish residency, said her and her partner's constitutional rights were being infringed. She said the policy goes against people's freedom to live where they wish. "We want to settle in the Mountshannon area. We have lived here since 1993 but if our application is turned down by the council I do not know what we are going to do. Accommodation is almost impossible to obtain there."
She said she and her partner had not responded to some of the council's questions. "Why should we? It is none of their business, some of the questions they have asked."
The council document says Ms Schulz and Mr Guiheen do not currently own any house, only the site which is the subject of the application. They have been on the council housing list since 1993, and have two boys attending the local primary school.
In their application, the couple signalled that one house is for permanent residency and one is for sale. However, in the further information furnished, the council is told that the second house is intended as a small dwelling for Ms Schulz's mother, who is living in Germany but would like to be near her daughter and grandchildren, and is in need of some care, which her daughter would be able to provide. A decision on the application is due next month.
