Mary Upton (Dublin South Central, Labour)
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Question 1071: To ask the Minister for the Environment, Heritage and Local Government if he will review the practice of developers being able to apply for retention permission as this undermines the integrity of the planning system. [10166/05]

Seán Haughey (Dublin North Central, Fianna Fail)
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Question 1104: To ask the Minister for the Environment, Heritage and Local Government if the provisions of the Planning and Development Act 2000 and subsequent Acts prohibiting planning applications for retention have been brought into force; his plans in this regard; and if he will make a statement on the matter. [10809/05]

Dick Roche (Wicklow, Fianna Fail)
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I propose to take Questions Nos. 1071 and 1104 together.

All provisions of the Planning and Development Act 2000 are now in force. Neither the Act nor the subsequent amendments to it contain provisions prohibiting planning applications for retention. The retention permission system allows for the assessment of an unauthorised development to determine whether it meets the criteria, including environmental impact assessment where relevant, for development consent. Allowing an application for retention permission for an unauthorised development does not ignore the offence that has been committed by the developer. Planning legislation was amended in 2000 so that an application for retention permission is no longer a defence to a prosecution for unauthorised development. The legislation clearly envisages a situation where a developer might apply for and obtain retention permission, while being simultaneously fined in the courts for his or her original breach of the law.

There are many other strengthened enforcement provisions in the Planning and Development Act 2000. Planning authorities must take action in response to well-founded complaints about unauthorised development, unless it appears to the planning authority that the development in question is of a trivial or minor nature. The 2000 Act greatly increased fines, with a maximum penalty on conviction on indictment of €12.7 million and two years' imprisonment. Planning authorities are now entitled to retain fines imposed by courts for planning offences to help finance more active planning control. The period for taking action was extended from five to seven years in the 2000 Act, which increased the fees for retention permission. The Department of the Environment, Heritage and Local Government does not propose to add to or amend the recently reviewed provisions of planning legislation on unauthorised development and retention.