COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

South Dublin County Council Crest

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, September 14, 2026

MOTION NO. 5

MOTION: Councillor L. de Courcy

That this Council shall adopt a proactive, sympathetic and facilitative policy towards applications for retention permission in respect of habitable residential accommodation located within the curtilage of an existing dwelling, where that accommodation is in use as a home, and in the exercise of its enforcement discretion under Part VIII of the Planning and Development Act 2000, the Council shall have regard to the acute shortage of housing and to the fact that enforcement against a unit that is functioning as somebody's home removes a dwelling from the county's housing stock at the worst possible moment.

REPORT:

The Planning and Development Act 2000 (as amended) requires the Planning Authority to assess each application for retention permission on its individual merits, having regard to the provisions of the Development Plan, relevant planning policy and guidance, the proper planning and sustainable development of the area, and any other material considerations. 

While the Planning Department recognises the ongoing challenges associated with housing supply and the importance of maintaining residential accommodation where appropriate, it is not legally possible to adopt a blanket policy that would automatically favour or facilitate the granting of retention permission for unauthorised residential accommodation. Retention applications must be assessed in the same manner as other planning applications and cannot be prejudged in advance of a formal planning assessment. 

In exercising its functions under the Planning and Development Act 2000, including planning enforcement powers, the Planning Department applies a proportionate and risk-based approach and exercises its statutory discretion on a case-by-case basis. In doing so, regard is had to the nature and extent of the unauthorised development, the planning history of the site, the impacts on residential amenity, public safety, environmental considerations, development plan objectives, evidence and all relevant circumstances pertaining to the case.

The Council recognises that planning enforcement action affecting residential accommodation may have significant implications for occupants. However, the Planning Authority must carefully balance these impacts with its statutory obligation to uphold planning legislation and ensure orderly and sustainable development throughout the County.

Accordingly, while housing need may be a relevant consideration in appropriate circumstances, the Council cannot commit to a general policy of adopting a proactive, sympathetic and facilitative approach to all retention applications for residential accommodation, nor can it predetermine its approach to the exercise of its planning and enforcement functions.