Retention Application Process

Retention Application Process

Postby GerDedannan » Thu Jan 18, 2007 7:12 pm

Hi,

I have a number of questions regarding application for retention.

A construction has been built over looking my property that had no planning permission. The planning authorities have confirmed in writing that this property is in breach of the planning regulations/law and stated that the owner of the property has applied for retention, and I have some questions relating to this process.

1. In this case where the planning authorities have confirmed that that there was no planning permission, and the construction is in breach of the planning laws.
Q. Should all development and work on this dwelling be halted?

2. The owner of this property seems very confident that this retention order will be upheld and that the dwelling will be allowed to remain.
Q. Is it the case that in the majority of these retention cases, the dwelling is allowed to remain?
Q. Do I have options to take a legal / civil action?


Enforcement:
Q. What is enforcement?
Q. Does enforcement happen subsequent to a decision on retention?
Q. Should I consult with a solicitor? (Any recommendations would be appreciated)

I personally think that it is a sad state of affairs when people can deliberately flout the law, and when they get caught can be as smug as they like and make an appeal for retention.:mad: :mad:

Any help links etc would be greatly appreciated.
GerDedannan
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Re: Retention Application Process

Postby alonso » Thu Jan 18, 2007 7:45 pm

1.AFAIK, development should be halted as it's illegal.
2. Yes many are granted but not all. It will now be assessed as a normal planning application. If it contravenes planning p[rinciples such as overlooking., overshadowing etc., it should be refused. The decision can also be appealed
3. Only if the decision process breached the provisions of the Planning Act, which they generally don't

Enforcement has been discussed to death here in recent weeks on this forum and on the main archiseek one. If a development is constructed illegally, the person can be fined and the structure ordered to be removed at their own cost. Even imprisonment is possible in extreme cases. As other threads have shown, enf and ret are seperate processes. If retention is granted it is unlikely (and senseless) for demolition to be ordered. However, a heavy fine may still be levied as punishment for breach of the law.

Some unauthorised developments are ok in principle, but they have breached planning law by not applying for permission. Therefore this escape mechanism known as retention exists.

In my opinion, retention should be done away with and all unauthorised developments should be demolished and permission applied for. This would be a real deterrent.

As with all enquiries, I always suggest taking legal advice...
alonso
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Re: Retention Application Process

Postby GerDedannan » Thu Jan 18, 2007 9:10 pm

hi alonso,

Thanks for the quick reply, I have done a searches on the net for information on where to get legal advice specific to planning law, however I have been unable to source any. Would you be in a position to provide any links/contact.

Another quick question,
There are two properties being built on the property to the rear of my parents, one has planning permission and one not. I have been looking at the elevations / plans for the one with planning permission and have noticed that the dwelling that has been built does not conform with the plan, basically the plan has 5 second story windows, and a conservertory extension to the left of the property where as ithe dwelling built has 4 second story the conservatory to the right of the dwelling.
Q. Do the planning authoraties visit the constructed dwelling after completion to ensure that it is built as stated in the plan.

Again any help would be appreciated,

Thanks in advance.
Regards

Gerry.
(I am actually writing on behalf of my parents who at this stage has nearly put themselves in a early grave with frustration and annoyance.)
GerDedannan
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Re: Retention Application Process

Postby alonso » Fri Jan 19, 2007 3:56 pm

there's a list of planning consultants here:
http://www.irishplanninginstitute.ie/consultants.jsp

wrt to your parents neighbour, without being smart, there is a chance you're looking at the wrong elevation? Everyone does it, so just make sure. If you;re certain it's not being built to specifications, send in a complaint to the Council straight away. And if there's a property being built without PP, do the exact same. I think that sort of nonsense should be punishable by demolition and reinststatement, regardless of the environmental waste. It really gets on my tits!!!

I don't think planning authorities would visit post development due to lack of resources. Thats why they rely heavily on the public to inform them of breaches
alonso
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