Retention
Retention Planning Permission
Planning permission retention, often referred to simply as retention permission, is a critical aspect within the planning framework of Ireland. This process is typically sought after construction work has been completed without the necessary planning permission or if the development deviates significantly from the initially granted permission. The concept of retention permission acknowledges that there are instances where developments proceed without the correct authorisation, and provides a legal mechanism to seek approval after the fact for what would be considered to be an Unauthorised Development. This article examines the complexities of retention permission, outlining its significance, the application process, considerations, and potential implications of its approval or refusal.
Significance of Planning Permission Retention
Retention permission is significant for several reasons. Firstly, it serves as a corrective measure for individuals or entities that have undertaken development without the appropriate planning consent. Without this provision, such developments would remain unauthorised, potentially leading to legal action, including enforcement notices, fines, or the requirement to demolish the unauthorised structure. Secondly, it provides a pathway to regularise developments, ensuring they comply with local development plans and building regulations, thereby safeguarding the interests of the community and the integrity of the planning process.
Application Process for Retention Planning Permission
The application process for retention permission mirrors that of a standard planning permission application but with some additional requirements. Applicants must submit detailed plans and descriptions of the development as it exists, along with a justification for the retention of the unauthorised work. This includes:
- A site location map.
- Detailed drawings of the existing development.
- A full description of the development.
- An application fee, which is typically higher than that for standard planning permission.
A retention planning application is subject to the same public consultation process as other planning applications, including publication in a local newspaper and the erection of a site notice. This transparency ensures that the community and other stakeholders have the opportunity to submit observations or objections.
Considerations for Approval:
When assessing an application for retention permission, planning authorities take several factors into account. These include:
- The impact of the development on the local environment, including considerations related to traffic, noise, and visual amenity.
- Compliance with the local development plan and any relevant national or regional guidelines.
- The views and concerns of the local community and other stakeholders.
- Any precedent that granting retention permission might set.
Potential Implications
The decision to grant or refuse retention permission carries significant implications. If granted, the applicant can regularise their development, bringing it into compliance with planning laws. This not only avoids potential legal repercussions but also can enhance the property’s value and marketability. However, if refused, the applicant may face enforcement action, including the possibility of having to demolish the unauthorised development. Additionally, a refusal can impact future planning applications, as it may be considered indicative of non-compliance with planning regulations.
For those navigating the complexities of planning permission, understanding the nuances of retention permission is essential. Whether dealing with an unauthorised development or considering purchasing a property with such issues, knowledge of this process can significantly impact decision-making. It is also important to be aware that any development regardless of whether planning permission was attained or required must comply with building and construction regulations. Structures which fail to comply will most likely be unsuccessful in obtaining retrospective retention planning permission.
Conclusion
Retention permission plays a significant role in the planning system, offering a solution for unauthorised developments while ensuring that such developments are assessed against the same criteria as other planning applications. It underscores the importance of obtaining proper planning permission from your Local Planning Authority before commencing development but provides a mechanism for rectifying situations where this has not occurred. As with all planning matters, applicants are advised to approach retention applications with thorough preparation and an understanding of the local development plan and relevant regulations.
