Retention Appeal Process

mrtom

Retention Appeal Process

I am preparing to appeal a "Retention" application in my area. This particular business has been in operation 3 years,
My question is : Do the planning authorities take the Notes on the "Active " file in Planning Enforcement relating to the past breaches of Environment legislation into consideration ?
So does Planning just deal with the application before them for compliance and disregard past breaches or do they take it onboard and potentially impose conditions?

antoinolachtnai

By appealing you mean your neighbour has made an application for retention and you intend to make an observation in relation to it?

mrtom

Yes, my error in confusing Appeal with Observation.

muffler

They are 2 separate files with the retention application being treated on it's own merits. Without knowing the history or nature of the development to be retained it wouldn't be usual for the planners to consult the enforcement file.

Mellor

https://www.boards.ie/discussion/2058361356/retention-appeal-process

If the retention was in response due to enforcement action that has dragged out for a few years. They would certainly consider the history on the file.

On the other hand, if the retention was unrelated to previous breaches, I wouldn't expect too much weight, if any, put on the enforcement and the retention should be assed on its merits.

mrtom

https://www.boards.ie/discussion/comment/122468759#Comment_122468759

An unauthorised development that happened during Covid 2020, served with Enforcement Notice March 2024, legal action in process by Council so their hand is forced to apply for Retention. I await the outcome.

Thanks for your time and clear response.