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Kildare CC no-contest retention planning

  • 04-03-2018 2:54pm
    #1


    Recently purchased a property that's been in the family for 20+ years, the property has a couple of unauthorized developments(Original owners built), all of which have been there for the 20+ years at least.

    After reading another thread, I discovered that some CC's operate under a non-contestation policy, when applying for retention planing permission for developments over a certain age.

    1. Can anyone confirm if this is true?
    2. Does Kildare CC operate under a similar policy?
    3. If Kildare CC does what is the erection period for a development to qualify?


Comments

  • Moderators, Society & Culture Moderators Posts: 40,366 Mod ✭✭✭✭Gumbo


    Recently purchased a property that's been in the family for 20+ years, the property has a couple of unauthorized developments(Original owners built), all of which have been there for the 20+ years at least.

    After reading another thread, I discovered that some CC's operate under a non-contestation policy, when applying for retention planing permission for developments over a certain age.

    1. Can anyone confirm if this is true?
    2. Does Kildare CC operate under a similar policy?
    3. If Kildare CC does what is the erection period for a development to qualify?

    What is this non conteststion policy?
    Never heard of it before?




  • I'm not sure it's a real term, it was possibly coined in that thread I linked to, or maybe it was a typo.

    Incorrect terminology aside, is there a no contest policy used by CC's as described in that thread?


  • Moderators, Society & Culture Moderators Posts: 40,366 Mod ✭✭✭✭Gumbo


    I'm not sure it's a real term, it was possibly coined in that thread I linked to, or maybe it was a typo.

    Incorrect terminology aside, is there a no contest policy used by CC's as described in that thread?

    Never heard of it.
    You need to apply for retention permission to regularise the property in my
    Opinion based on the info provided.


  • Subscribers Posts: 42,172 ✭✭✭✭sydthebeat


    I'm not sure it's a real term, it was possibly coined in that thread I linked to, or maybe it was a typo.

    Incorrect terminology aside, is there a no contest policy used by CC's as described in that thread?

    By applying for retention you are accepting that there is unauthorised development on site.
    If that development doesn't comply with relevant standards, then expect to be in for a very difficult application. In my experience, councils tend to go quite hard on retention applications. Refusal is always an option.

    However, if the statue of limitations has passed then the council cannot force the removal of the unauthorised development. That doesn't mean that the development has permissible though.
    The refusal will still stand on site, and make it very difficult to secure and sale or mortgage of the development.

    I've never heard of any council having any such no contest policy




  • Thanks, I thought it was strange I hadn't come across this policy during my research into the topic, other than in that thread I linked to.

    The information is very specific though, so I thought I'd investigate further.


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  • Registered Users, Registered Users 2 Posts: 3,725 ✭✭✭Metric Tensor


    Planners never "contest" a planning application, be it a application to retain or an application for a new build.

    They review it on its merits to see if it complies with (what they deem to be) appropriate planning and development standards.

    Should the council decide in your favour any other individual can "contest" it by way of an objection.

    It appears people on the other thread are suggesting that approval is guaranteed for any retention application if the development is over a certain age - I have never encountered such a thing in my experience!


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