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Joseph English

Is it difficult to get Retention Planning?

In the most instances retention planning permission is usually for minor domestic additions that need to be regularised (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.


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