COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

South Dublin County Council Crest

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, July 14, 2025

QUESTION NO. 30

QUESTION: Councillor J. Sinnott

To ask the Chief Executive for a report on applications for retrospective planning permission. The report to detail the criteria for applicants and whether there is a different set of criteria for single applicants versus developers?

REPLY: 

There is no difference in the criteria for seeking retention / retrospective planning permission for single applicants and developers. 

Section 3 of the Planning and Development Act 2000, as amended, defines development as “….. the carrying out of any works on, in, over or under land or the making of any material change in the use of any structures or other land”.

Unauthorised development occurs when work takes place which is not exempt development and for which no planning permission has not been sought and granted.  (This may be deliberately or by oversight and retrospective). Planning permission is required when such construction or changes have been carried out and where legal retention of the development is envisaged by the developer. 

The planning application fee, for a retention application is three times more than the standard fee.   This criterion is set out in the Planning and Development Regulations 2001, as amended. Similarly, in line with the Council’s Development Contribution Scheme 2021/2025 ( currently under review), no reductions in whole or in part apply to permissions for retention of development, irrespective of whether an exemption / reduction would  have applied at an earlier planning application stage. This policy is generally replicated across the country via most Development Contribution Schemes

It should also be noted that an application for retention does not automatically mean that the works done will be granted permission. All planning applications are assessed on a case by case basis, having regard to the County Development Plan and other applicable guidance. Decisions on retention applications may be appealed. If an application for retention / retrospective permission is granted it allows legal retention of the work.