Under the Planning and Development Act 2000, as amended, all development, unless specifically exempted under the Act or the associated Regulations, requires planning permission.
Any development that is carried out without planning permission or that does not comply with the terms of a planning permission is unauthorised development and may be subject to enforcement action by a planning authority. Responsibility for enforcement action in relation to any breach of the planning code is a matter for individual planning authorities and extensive enforcement provisions are provided for in Part VIII of the Act.
Where a development has been carried out without firstly obtaining the necessary planning permission, a person may apply to their planning authority for retention permission in accordance with section 34(12) of the Act. An application for retention permission is required to be assessed by a planning authority in the same way as any other application; that is, the planning authority is required to consider the proper planning and sustainable development of the area, having regard to the provisions of the development plan, any submissions or observations received, and relevant Ministerial or Government policies, including any guidelines issued by my Department.
It should be noted that the fact that a person has made an application for retention permission is not a defence to a prosecution for unauthorised development and a development carried out without planning permission, or in breach of planning conditions, remains unauthorised unless and until retention permission is granted. Section 162(3) of the Act provides that no enforcement action under the Part VIII enforcement provisions of the Act shall be stayed or withdrawn by reason of an application for retention of unauthorised development.
I have no plans to amend the provisions in this regard at this time.
