Dáil Éireann Debate, Wednesday - 1 October 2025
96. Deputy Carol Nolan asked the Minister for Housing, Local Government and Heritage the legal powers given to local authorities to grant retention planning to developments which were built without a grant of planning; whether consideration has been given to legally precluding local authorities from granting such retention; and if he will make a statement on the matter. [52350/25]
View answerThe control of development under the Planning and Development Act 2000, as amended (the Act) is a matter for the relevant planning authority and An Coimisiún Pleanála. This includes the regularisation of unauthorised development through the consideration of applications for retention permission to planning authorities under section 34 of the Act and appeals to the Coimisiún in such cases under section 37 of the Act. In addition, it is a matter for the relevant planning authority to investigate unauthorised development under enforcement provisions under Part VIII of the Act.
In both instances, through either seeking to regularise unauthorised development by a property owner lodging an application for retention permission, or through a planning authority initiating enforcement proceedings; it is a matter for the relevant planning authority to consider each unauthorised development on a case by case basis, taking into consideration the proper and sustainable development of each individual locality and environmental considerations such as whether environmental impact assessment or an appropriate assessment of the development is required.
Under section 30 of the Act, I, in my role as Minister with responsibility for planning, am specifically precluded from exercising any power or control in relation to any particular case in which a planning authority or the Board is or may be concerned. This includes any case in relation to retention permission or enforcement.
