Retention Planning Permission
Building works which are not exempted from Planning Regulations are called ‘unauthorised developments’ and they require a retention planning application to be lodged with the local authority.
At JEArchitecture we have a vast experience of making Retention Planning Applications and we are very experienced in securing retention permission for all manner of unauthorised additions, and have an excellent track record. We specialize in turning your Retention Planning Application around in as quick a time frame as possible.
What is the difference between planning permission and Retention planning permission?
Planning permission is permission for a structure you intend to build.
Retention permission is permission for an unauthorised structure or partially constructed structure that is already built without planning permission. This is very risky, but retention permission is there to try regularise the matter with the local Authority, the process and procedure are exactly the same for both planning permission and retention.
If a genuine mistake has been made, it is possible to apply for Retention planning permission to retain the unauthorised development. This permission may be refused, in which case, the unauthorised development will have to be demolished. The most common reasons our clients need retention planning are for extensions to the side and/or front of the existing house, extensions built to the rear that exceeds the permitted 40 sq. metres our other specialised reasons. Most clients were unaware that you need retention planning for you extend your vehicular access or extend the high of your boundaries. check with your local Authority for the exempted heights.
Generally, the local planning authority must make an initial decision on a planning application within 8 weeks of receiving the application and a further 4 weeks for a final decision or Final Grant of permission. The process may take longer should the authority need further information, or if any appeals were lodged.
The process and procedures are exactly the same as an ordinary planning permission. You Can contact JEArchitecture for more information or your local Authority.
You can check the guidelines on exempted development or find out more about Retention planning permission, by going to your local Authority website.
In the most instances retention planning permission is usually for minor domestic additions that need to be regularized (corrected),these issues range from unauthorised rear extensions or large garden sheds / the addition of a front porch / unauthorised side extensions/ the removal of front garden walls to provide for off street parking, to name but a few.
This type of unauthorised development requires a retention application to be lodged with the local authority. Lodging a retention application is no different from lodging a planning application except in name and involves the same process.
Permission for retention planning application does not automatically absolve you from prosecution if enforcement action has already been taken against you. If you are buying property, check that the building itself and any extensions or alterations to it have proper planning permission or are exempt from planning permission. You, as the new owner, may be liable to enforcement action. It is an offence under planning legislation to. Those applying for retention do so under section 34 of the Planning and Development Act 2000.
Permission for retention planning application does not automatically absolve you from prosecution if enforcement action has already been taken against you. If you are buying property, check that the building itself and any extensions or alterations to it have proper planning permission or are exempt from planning permission. You, as the new owner, may be liable to enforcement action. It is an offence under planning legislation to
- undertake any work needing permission without that permission having been secured (i.e. no planning permission in place)
- where planning permission was granted but the development is not being carried out in accordance with the plans lodged or conditions of the planning permission granted
- the development does not comply with all the conditions and limitations to qualify a development as exempt.
Retention Planning Permission
Exempted development is development for which planning permission is not required. Categories of exempted development are set out in planning law. There are usually certain thresholds relating to, for example, size or height. Where these thresholds are exceeded, the exemptions no longer apply. The purpose of exemptions is to avoid controls on developments of a minor nature, such as small extensions to houses.
Statutory Time Limits for Taking Enforcement Action
Under the Planning & Development Act 2000-2010 (As Amended), if the development commenced on or after the 11th March, 2002, the time limit is 7 years. Action must be taken within five years if the unauthorised development/use commenced prior to that date.
Cost of Retention planning Application
The procedure in making a retention planning application is exactly the same as when making a normal application, therefore the cost of making a retention application is equivalent to making an ordinary planning application. The costs associated with a retention application are as follows;
- the statutory fee to the Planning Authority for the Retention Application is €102 for a domestic application, or 3 times the normal application fee for all other instances
- there is a fee payable to Ordnance Survey Ireland for maps of approximately €60
- there is a fee to advertise the application in an approved newspaper which is up to €150, depending on location