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Dáil Éireann debate -
Wednesday, 14 Oct 1992

Vol. 423 No. 5

Written Answers. - Retention Permission Applications.

Jim Mitchell

Question:

88 Mr. J. Mitchell asked the Minister for the Environment the plans, if any, he has to restrict applications for retention permission under the planning laws; his views on the number of applications for retention permissions; if he considers this to be a major abuse of planning legislation; and if he will make a statement on the matter.

The power of planning authorities and An Bord Pleanála to grant planning permission includes power to permit retention of structures and uses. Retention applications account for about 12 per cent of applications received.

I consider that a retention permission procedure is necessary, inter alia, to allow the position of development which departed inadvertently from the terms of the original permission to be regularised. The existence of this procedure does not, however, entitle a person to proceed with development without the necessary permission and to seek permission subsequently; anybody who carries out development without the necessary permission is liable to prosecution and the substantially increased fines provided for in the Local Government (Planning and Development) Act, 1992. The making of an application for retention permission does not, in law, confer any immunity from such prosecution or from conviction.
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