Niall Collins (Limerick County, Fianna Fail) | Oireachtas source

Retention permission is defined in the Bill to mean permission for retention of a development which, immediately before the grant of such permission, was an unauthorised development. Retention permission is a way of regularising unauthorised development. Where a development has been carried out without first obtaining the necessary planning permission, a person may apply to the planning authority for retention permission in accordance with Part 4 of the Bill. An application for retention permission is required to be assessed by a planning authority in the same way as any other application, that is, the planning authority is required to consider the proper planning and sustainable development of the area, having regard to the provisions of the development plan, any submissions or observations received and relevant ministerial or Government policies, including any guidelines issued by the Department.

It should be noted that the fact that a person has made an application for retention permission is not a defence to a prosecution for unauthorised development and a development carried out without planning permission, or in breach of planning conditions, remains unauthorised unless and until retention permission is granted. In relation-----