Is Retention Permission valid Planning?

Poor Uncle Tom

Now that it is looking likely that Retention Planning Permission is going to be a thing of the past, or in the near future from current reports. My question is, do you think retention permission = valid planning permission?

Planning permission by its very nature is the act of getting a permit for something you are planning to do. Once you have done that something you were planning to do, is it right to be able to get a permit for it after the fact?

Is it right to certify works relating to a retention permission? After all it is not possible to give a full unqualified Certificate of Compliance with Building Regulations for works relating to a retention planning permission as there is not any provision in the current Building Regulations for issueing a commencement notice after the fact.

Just wondering what people thought.

smashey

In my mind, as long as retention permission is given then it's valid. As for certifying it, that might start a good healthy debate here.

muffler

Im a wee bit windy about this thread or rather which direction it may go. But it is topical and we can allow discussion on the points concerned providing it doesnt involve discussing the legalities of it - solicitors and barristers are paid huge amounts of money for that.

Couple of points. I dont see anything to suggest that retention permission will be a thing of the past. There was reference made recently to retention permission and EIS submissions which is a different animal. Now if someone has a link to where this info is Id be delighted to read it.

Retention permission whether we like it or not is consolidated in the Planning & Development Acts so that is the legal issue addressed.

Any unauthorised development which is granted retention permission automatically becomes authorised under the terms of the P & D Acts and consequently is no different in law than a "regular" authorised development therefore I see no problems with certification of any "authorised development"

In relation to the Building Regulations I have certified a few where no commencement notice was given obviously but qualified the certification by alluding to that point. Yes it is impossible to give an unqualified cert of compliance in this regard but so far the legal eagles aren't concerned about it. Maybe they know something we dont.



Now I think Im stretching our charter to the limits with those statements and Id advise anyone else who wishes to post a reply to think carefully before they post. I dont want to see the thread descending into any legal debate.

smashey

We have discussed this and it would appear that the points muffler made are sufficient and have addressed the OP's query so in the interest of fairness and consistency locking this would be the fair option for everyone concerned.