Clare County Council's controversial new policy of generally banning "outsiders" from building in certain parts of the county is to face its first test from An Bord Pleanala.
This follows the council's refusal of permission to a disabled Dutch national, who wants to build a bungalow beside his home in east Clare to help his mobility difficulties.
Mr Cor Alberts of Ballyheefy, Killaloe, was refused planning permission by the council after it ruled that no local housing need existed in his case as this was catered for under a previous application.
In its decision, the council cited the new policy in the new county development plan that development of individual dwellings in the open countryside is allowed only to meet the needs of local people.
Mr Alberts, who moved to Killaloe in 1992, says he has now developed arthritis.
A decision will not be made on his appeal until July.