What Does Retention Planning Permission Usually Cover?
In most instances, retention planning permission is for minor domestic additions that need to be regularised (corrected). These issues include, to name but a few:
- Unauthorised rear extensions
- Large garden sheds
- The addition of a front porch
- Unauthorised side extensions
- The removal of front garden walls to provide off-street parking
How to Apply for Retention Planning Permission
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 it involves the same process. Those applying for retention do so under section 34 of the Planning and Development Act 2000.
Does Retention Permission Protect You from Prosecution?
A grant of retention planning permission does not automatically absolve you from prosecution if enforcement action has already been taken against you.
Buying a Property? Check the Planning History
If you are buying a property, check that the building itself, and any extensions or alterations to it, have proper planning permission or are exempt from planning permission. As the new owner, you may be liable to enforcement action.
When Is It an Offence Under Planning Legislation?
It is an offence under planning legislation where:
- Any work needing permission is carried out without that permission having been secured (i.e. no planning permission is in place)
- Planning permission was granted, but the development is not being carried out in accordance with the plans lodged or the conditions of the planning permission granted
- The development does not comply with all the conditions and limitations required to qualify as exempt development