Have you ever done some building work or alterations to your property without getting planning permission? Maybe you thought it was not necessary, or you did not have time, or you simply forgot.
Whatever the reason, you may be wondering what to do now and whether you can still get planning permission after the fact.
This is where retention planning comes in.
In this blog post, we will explain what retention planning is, why it is important, what the requirements are, what documents you need, and how to apply for it.
By the end of this post, you will have a very in-depth understanding of retention planning and how it can help you avoid legal troubles and fines.
So, let’s dive right in!
What is Retention Planning?
Retention planning is the process of applying for planning permission for something that has already been built or altered without prior permission. It is also known as regularisation or retrospective planning.
Retention planning is not a right but a concession that may be granted by the planning authority, depending on the circumstances and the impact of the development on the environment and the neighbours.
It is not a way to bypass the normal planning process, nor is it a guarantee that you will get permission for something that would otherwise be refused.
It is just a way to rectify a situation where you have breached the planning laws and to avoid further consequences, such as enforcement action, demolition orders, or prosecution.
Why is Retention Planning Important?
Retention planning is important for several reasons, such as:
Legal compliance
It allows you to comply with the planning laws and regulations and to avoid penalties and sanctions.
If you do not have planning permission for something that requires it, you are in breach of the law, and you may face enforcement action from the planning authority, such as notices, injunctions, fines, or even imprisonment.
You may also be liable for damages or compensation claims from your neighbours or other affected parties.
Property value
It can help you maintain or increase the value of your property, as it ensures that your development is legal and conforms to the planning standards.
If you do not have planning permission for something that requires it, you may have difficulties selling or renting your property, as potential buyers or tenants may be deterred by the legal risks and uncertainties.
You may also have problems getting a mortgage, insurance, or grant for your property, as lenders and providers may require proof of planning permission.
Peace of mind
It can give you peace of mind, as it removes the stress and worry of having an illegal development on your property. You can enjoy your property without fear of being reported, investigated, or sued by the planning authority or your neighbours.
You can also avoid the hassle and cost of having to undo or modify your development if it is found to be unacceptable or harmful.
What are the Requirements for Retention Planning?
Retention planning is not a simple or easy process, and it has some specific requirements that you need to meet, such as:
Time limit
You can only apply for retention planning within seven years of the completion of the development. After that, the planning authority may not accept your application, and you may lose the opportunity to regularise your situation.
Planning fee
You need to pay a planning fee for your retention planning application, which is three times the normal fee for a similar development.
For example, if the normal fee for a house extension is €34, the fee for a retention planning application for the same extension is €102.
This is to discourage people from building or altering without permission and to cover the extra costs of the planning authority in dealing with your application.
Public notice
You need to publish a public notice of your retention planning application in a local newspaper and erect a site notice on your property at least two weeks before you submit your application.
The public notice must include the details of your development, the reasons why you did not get planning permission beforehand, and the date and place where you intend to submit your application.
It is to inform the public and interested parties of your application and to invite them to make submissions or observations to the planning authority within five weeks of the receipt of your application.
Planning assessment
Your retention planning application will be assessed by the planning authority based on the same criteria and standards as a normal planning application.
The planning authority will consider the impact of your development on the environment, the amenities, the character, and the policies of the area. The planning authority will also take into account the submissions or observations from the public and interested parties, such as your neighbours, the local council, or the statutory bodies.
The planning authority may grant, refuse, or grant with conditions, your retention planning application, depending on the outcome of the assessment.
What Documents Do You Need for Retention Planning?
Retention planning requires a lot of documentation and evidence to support your application, such as:
Application form
You need to fill out and sign an application form, which is available from the planning authority or online.
The application form must include your personal details, the location and description of your property, the nature and extent of your development, the reasons why you did not get planning permission beforehand, and the declaration that you have complied with the public notice requirements.
Site location map
You need to provide a site location map, which is a map that shows the location of your property and its boundaries in relation to the surrounding area and features.
The site location map must be drawn to a scale of not less than 1:1000 in urban areas or 1:2500 in rural areas and must include a north point and a key map.
Site layout plan
You need to provide a site layout plan, which is a plan that shows the layout of your property and the development in relation to the site boundaries and the neighbouring properties.
The site layout plan must be drawn to a scale of not less than 1:200 and must include the dimensions, the levels, the orientation, and the distances of the development, as well as the existing and proposed services, such as water, drainage, electricity, etc.
Elevations and sections
You need to provide elevations and sections, which are drawings that show the external and internal appearance of the development in relation to the existing and proposed structures.
The elevations and sections must be drawn to a scale of not less than 1:100 and must include the heights, the materials, the finishes, and the colours of the development, as well as the existing and proposed windows, doors, roofs, etc.
Photographs
You need to provide photographs, which are images that show the actual condition and appearance of the development, as well as the context and the impact of the development on the surrounding area and features.
The photographs must be clear, recent, and relevant, and they must be labelled and dated.
Other documents
You may need to provide other documents, depending on the type and scale of your development, and the requirements of the planning authority. These may include:
- A design statement is a document that explains the design concept and rationale of the development and how it relates to the site and the area.
- A planning report is a document that analyses the planning context and policies of the development and how they comply with the relevant planning regulations and standards.
- An environmental impact assessment is a document that assesses the potential environmental effects of a development and how they can be avoided, reduced, or diminished.
- A heritage impact assessment is a document that assesses the potential heritage effects of the development and how they can be avoided, reduced, or diminished.
- A traffic impact assessment is a document that assesses the potential traffic effects of the development and how they can be avoided, reduced, or diminished.
- A flood risk assessment is a document that assesses the potential flood risk of a development and how it can be avoided, reduced, or diminished.
- A structural engineer’s report, which is a document that verifies the structural integrity and safety of the development and how it complies with the relevant building regulations and standards.
- A certificate of compliance, which is a document that certifies that the development has been completed in accordance with the planning permission and the conditions, if any.
How to Apply for Retention Planning?
If you want to apply for retention planning, you need to follow these steps:
Step 1: Determine Eligibility and Need for Planning Permission
Check if you need planning permission for your development and if you are eligible for retention planning. You can do this by consulting the planning authority, the planning regulations, or a planning consultant.
Step 2: Prepare Your Retention Planning Application
Prepare your retention planning application, including the application form, the planning fee, the public notice, and the supporting documents. You can do this by yourself or by hiring a professional, such as an architect, an engineer, or a surveyor.
Step 3: Submit Your Application
Submit your application to the planning authority, either by post or online. You need to do this within two weeks of publishing the public notice and within seven years of completing the development.
Step 4: Await Decision from Planning Authority
Wait for the decision of the planning authority, which may take up to eight weeks, or longer if there are delays or complications. You can check the status of your application online or by contacting the planning authority.
Step 5: If Application is Granted
If your application is granted, you need to comply with the conditions, if any, and keep the planning permission and the supporting documents for future reference.
You also need to pay any outstanding fees or charges, such as development contributions or levies, that may apply to your development.
You should receive a formal grant of retention planning from the planning authority, which will specify the details and the conditions of your permission.
Step 6: If Application is Refused
If your application is refused, you have the option to appeal the decision to the An Bord Pleanála, which is the independent planning appeals board.
You need to do this within four weeks of receiving the decision from the planning authority and to pay an appeal fee, which is €220 for a householder development or €660 for any other development.
You also need to submit a copy of your application, the decision, and the grounds of your appeal, along with any supporting documents or evidence.
The An Bord Pleanála will review your appeal and make a final decision, which may take up to 18 weeks or longer if there are delays or complications. You can check the status of your appeal online or by contacting An Bord Pleanála.
Step 7: If Appeal is Successful
If your appeal is successful, you will receive a grant of retention planning from An Bord Pleanála, which will specify the details and the conditions of your permission. You need to comply with the conditions, if any, and keep the planning permission and the supporting documents for future reference.
You also need to pay any outstanding fees or charges, such as development contributions or levies, that may apply to your development.
Step 8: If Appeal is Unsuccessful
If your appeal is unsuccessful, you will receive a refusal of retention planning from the An Bord Pleanála, which will specify the reasons and the basis of the refusal.
You have no further recourse to appeal the decision, and you will have to abide by the enforcement action of the planning authority, which may include removing or modifying your development, or paying a fine or a penalty.
You may also face legal action from the planning authority or other affected parties, such as your neighbours or the local council.
In a Nutshell
Retention planning is a complex process that requires careful attention to both legal compliance and specific requirements. It’s not a shortcut, but a way to rectify situations where planning laws have been breached.
The process can be difficult, but you don’t have to navigate it alone. BuildTech, with its vast experience and expertise, can assist you in your retention planning application.
Don’t let the complexities stop you from fixing the situation.
Reach out to BuildTech today for any assistance with planning permissions. They are ready to help you every step of the way.
