The High Court is this Monday beginning the judicial review of a decision to place part of Allan Navratil's farm in Ballinacurra, Co Cork, on the vacant site register.
Cork County Council's decision was confirmed by An Bord Pleanála in July, despite Government assurances and decisions in other local authorities that actively farmed land could not be described as "vacant or idle".
Classification
The classification applies to around half of Mr Navratil's 35ha block of land, which borders a suburb of Midleton.
Cork County Council valued it at €4.5m, which means the 3% vacant site levy due next January for the first year will amount to €135,000. In subsequent years, the levy will go up to 7%, representing a €315,000 annual cost to the farmer.
In his appeal to An Bord Pleanála, Mr Navrantil proved that the land was actively farmed and eligible for farm payments, which planning officials accepted.
He also argued that he had not requested the land to be zoned for residential purposes and had no plans to develop it for any other use than farming.
He said that other development sites in the area, including unfinished housing estates, were more suitable for housing than his farm.
It might be prudent to exclude such sites from the register
An Bord Pleanála confirmed that it raised questions about the inclusion of farmed land on the vacant site register.
The farmer also obtained Cork County Council's own guidelines.
"It might be prudent to exclude such sites from the register if there is evidence of the active use of such lands for such purpose," the council advised. Yet, it made the opposite decision on Mr Navratil's land.
"This casts doubt on the approach and transparency of the implementation policy devised by the council, with respect to agricultural lands," An Bord Pleanála noted.
Mr Navratil also referenced comments by Minister for Housing Eoghan Murphy in the Dáil that "if farmland is in productive use, it should not be included".
Other Government ministers made similar assurances earlier this year.
However, An Bord Pleanála concluded that in the absence of formal Government advice to local authorities, a circular authorising the classification of farmland as "vacant or idle" remained in place.
"In accordance with the circular letter, the ongoing agricultural use has no part to play in this instance," the planning inspector wrote.
This is the approach now challenged by Mr Navratil in the High Court.
Read more
What can farmers do to prevent being subject to the vacant site levy?
Councils still putting farmland on site register
Government's u-turn on vacant site levy for farmland
The High Court is this Monday beginning the judicial review of a decision to place part of Allan Navratil's farm in Ballinacurra, Co Cork, on the vacant site register.
Cork County Council's decision was confirmed by An Bord Pleanála in July, despite Government assurances and decisions in other local authorities that actively farmed land could not be described as "vacant or idle".
Classification
The classification applies to around half of Mr Navratil's 35ha block of land, which borders a suburb of Midleton.
Cork County Council valued it at €4.5m, which means the 3% vacant site levy due next January for the first year will amount to €135,000. In subsequent years, the levy will go up to 7%, representing a €315,000 annual cost to the farmer.
In his appeal to An Bord Pleanála, Mr Navrantil proved that the land was actively farmed and eligible for farm payments, which planning officials accepted.
He also argued that he had not requested the land to be zoned for residential purposes and had no plans to develop it for any other use than farming.
He said that other development sites in the area, including unfinished housing estates, were more suitable for housing than his farm.
It might be prudent to exclude such sites from the register
An Bord Pleanála confirmed that it raised questions about the inclusion of farmed land on the vacant site register.
The farmer also obtained Cork County Council's own guidelines.
"It might be prudent to exclude such sites from the register if there is evidence of the active use of such lands for such purpose," the council advised. Yet, it made the opposite decision on Mr Navratil's land.
"This casts doubt on the approach and transparency of the implementation policy devised by the council, with respect to agricultural lands," An Bord Pleanála noted.
Mr Navratil also referenced comments by Minister for Housing Eoghan Murphy in the Dáil that "if farmland is in productive use, it should not be included".
Other Government ministers made similar assurances earlier this year.
However, An Bord Pleanála concluded that in the absence of formal Government advice to local authorities, a circular authorising the classification of farmland as "vacant or idle" remained in place.
"In accordance with the circular letter, the ongoing agricultural use has no part to play in this instance," the planning inspector wrote.
This is the approach now challenged by Mr Navratil in the High Court.
Read more
What can farmers do to prevent being subject to the vacant site levy?
Councils still putting farmland on site register
Government's u-turn on vacant site levy for farmland
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