Catherine Murphy (Kildare North, Independent)
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Question 501: To ask the Minister for the Environment, Heritage and Local Government if his Department currently monitors the nature, extent and level of unauthorised developments that are granted retention orders each year by each local authority; if there are plans to set down common criteria which unauthorised developments must meet in order to be granted such retention orders; his views on whether in the absence of such provisions there is potential for inequality of service between local authorities to arise regarding such issues; and if he will make a statement on the matter. [17345/06]

Dick Roche (Wicklow, Fianna Fail)
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My Department does not collect information on the nature and extent and level of unauthorised developments that are granted retention permission by planning authorities.

An application for retention permission is decided on the same criteria as a normal application for permission, that is, a planning authority must consider the application in the context of 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/guidelines. The decision of a planning authority on an application for retention permission may be appealed to An Bord Pleanála in the same way as the decision of a planning authority on any other planning application. An Bord Pleanála, in determining an appeal, must consider the same matters as a planning authority in deciding an application.

I am satisfied that the current system is operating in accordance with the decision by the Oireachtas, which when enacting the Planning and Development Act 2000 decided that planning applications, including retention applications, should be determined by local authorities.