Richard Bruton (Dublin North Central, Fine Gael)
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Question 282: To ask the Minister for the Environment, Heritage and Local Government his views on whether there should be restrictions on the right of persons to apply for retention when the practice is repeated or designed deliberately to frustrate planning conditions; and if he will make a statement on the matter. [3948/10]

John Gormley (Dublin South East, Green Party)
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I propose to remove, through the Planning and Development (Amendment) Bill 2009, the possibility of retention permission for unauthorised development which would otherwise have been subject to environmental impact assessment, other than in exceptional circumstances. There are no proposals to remove the retention provision in its entirety from the planning process; retention permission provides a mechanism for regularising development that is not contrary to the proper planning and sustainable development of an area.

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, relevant Ministerial or Government policies, including any guidelines issued by my Department. There is also provision for appeal to An Bord Pleanála in the normal way in the case of a decision by a planning authority to grant retention permission. The fact that an application to retain unauthorised development is made, does not preclude a planning authority from taking a prosecution in respect of an unauthorised development.

The planning regulations also provide that the fee payable to a planning authority for an application for retention permission is a multiple of that for a "normal" planning application. I will be reviewing the retention permission fees following enactment of the Planning and Development (Amendment) Bill 2009.