Roads policy leaving farm families out in the cold

A common obstacle many prospective rural home owners are encountering when applying for planning permission is the difficulty presented by the country’s national road network.

While road frontage used to be the most coveted of land for residential purposes, sites that adjoin national roads are proving very difficult to develop, with restrictions on planning enforced where the road has an 80kph or more speed limit in place.

Transport Infrastructure Ireland (TII) has responsibility for the network of national roads, of which there are over 5,300km across the country.

A spokesperson for Land Use Planning with TII says the role of the agency in planning was that of ‘a statutory consultee’ and that final decisions on planning rested with local authorities and An Bord Pleanála.

“The approach adopted by the TII in making submissions or comments which are invited by planning authorities, seeks to uphold official national planning policy as outlined in the government’s Spatial Planning and National Roads Guidelines for Planning Authorities,” the spokesperson explains.

“TII observations are issued to planning authorities for their consideration. The guidelines create a transparent approach to nationwide implementation of government policy related to national roads.

“The Spatial Planning and National Roads Guidelines for Planning Authorities sets out national planning policy considerations relating to development affecting national primary and secondary roads, including motorways and associated junctions, outside the 50-60kph speed limit zones for cities, towns and villages. They are national planning guidelines issued by Minister of Housing Local Government and Heritage.”

Hopes dashed

However, one Co Galway family has seen their dreams of building a home on the family farm dashed, following a move by TII to appeal a decision by Galway County Council to grant planning for their proposed development near Kinvara.

Martin Linnane (30) is a part-time sheep and suckler farmer who has spent the last three years trying to secure permission to build a family home on his 72ac holding at Inishroo on the Galway/Clare border.

Martin and his partner have a two-year-old daughter, with another baby due in the coming weeks. The family currently live in a chalet beside her parents’ home in Kilcolgan, 15km away from the farm.

“We applied for planning permission in 2022 and were refused by An Bord Pleanála as I didn’t submit a Nature Impact Statement with my application, and there were issues with stone in the trial hole. At no point was the road mentioned as an issue,” explains Martin.

An Bord Pleanála refused it even though in their ruling, on the first application, they had no issue with the road. They’re contradicting themselves on the same site

“That whole process took 16 months, after which I re-applied to Galway County Council who gave us the green light. TII then appealed the decision to An Bord Pleanála on the grounds that the house would be an endangerment to public safety coming out on to the road,” he says.

Martin’s site is located adjacent to the N67, with an entrance to the proposed bungalow along a private road off the main road which acts as the entrance to his parent’s home and the farmyard.

“An Bord Pleanála refused it even though in their ruling, on the first application, they had no issue with the road. They’re contradicting themselves on the same site, with two different inspectors deciding two different outcomes, both of which go against me. Whatever one person feels on the day has determined my fate here.”

Less restrictive approach

Martin’s frustration is exasperated by the inconvenience of not being able to live on the farm.

“Three years ago, I got planning for a slatted shed with an 8 ft hole in the ground, no problem, even though I was told that the field would flood when I made this application. But it was a different County Development Plan,” he says.

“I live in Kilcolgan, which is 15km away so when I’m finished on the farm in the evenings I drive home and keep across the cameras, checking this, that and the other. If there’s any issue I have to hop back in the jeep and drive all the way back up and sort it.

“Last year, during calving I was watching a cow on the camera and she was sound, ploughing away. Then there was an issue and I drove up to the farm to find the calf was stuck at the hips. By the time I got to her the calf was dead. That’s only one incident, there have been numerous lambs lost because I’m not there to deal with things.”

Martin disputes the notion that, by building a home for his family, he will be endangering public safety along the N67.

“There’s never been an issue with that road, my father used to sell spuds from our shed and there was traffic constantly coming in and out of the farm up until about 10 years ago. I have three brothers who were all living in the home house and driving in and out and there was never any issue, not one tip,” he maintains.

“I haven’t been told that anyone from TII has visited this site. All I know is I’ve spent north of €20,000 and all I have to show for it is three trial holes when what I really need is a home for my young family.

“I have contacted the Ministers for Housing, Agriculture and Transport and they won’t even acknowledge my emails, I have not had one reply.

“I’ve nothing against anyone who does get planning but between TII and An Bord Pleanála there is no consistency here.

“I could get my partner, if she wanted to, to quit her job, if we were that type of people, and do what everyone else does. Sit down, go on the dole, get your free house. Why would you bother with any of this? I don’t want anything from anyone to build a house, but if I can’t stay local, this place is finished, we don’t have a future for the farm.”

An amendment included in the Galway County Development Plan 2022-2028 suggests that farming families such as Martin’s would be eligible to build on their land.

The clause states; “consideration shall be given to the need of farm families to live on the family holding on a limited basis and a function need to live at this location must be demonstrated”.

However, because the amendment was not agreed in consultation with TII, it is not considered by the agency to be in accordance with Section 2.6 of the Spatial Planning and National Roads Guidelines for Planning Authorities.

“TII acknowledges the need to accommodate and sustain rural communities,” the spokesperson said.

“Section 2.6 of the Spatial Planning and National Roads Guidelines provides a mechanism whereby a less restrictive approach may be applied to the control of development accessing national secondary roads. However, the current Galway County Development Plan does not include agreed exceptions where a less restrictive approach to the control of development accessing national roads might apply in accordance with the guidelines.

“Galway County Council did not develop such proposals for discussion/agreement with TII during the course of preparation of the current Development Plan despite offers from TII to investigate such exceptions.”

Huge costs

Martin had the option to seek a judicial review of An Bord Pleanála’s decision, but says the uncertainty over the outcome, along with the huge costs involved, made it a non-runner.

“I had eight weeks to go down the judicial review route, where I could spend huge money for no gain,” he says.

“I was told the figure involved, and advised that if I’d absolutely nothing else to do with the money, throw it at it and take the legal route. If there was a guarantee of success and you were talking a reasonable sum, you’d gamble a bit if you had any certainty that you’d get somewhere.

“Certain people are getting planning on national roads, some people aren’t. It all comes down to whose desk your application lands on, on any given day.”

Martin says his only chance now of getting planning permission lies in the reduction of speed limits on national roads, due to be introduced later this year. If the N67 is reduced to a 60kph zone, he plans to submit a third planning application for a family home.