The Planning Authority has published new regulations which will provide property owners with a "one-time opportunity" to regularise existing unsanctionable non-conformant developments located entirely within the development boundaries.

The Authority said that through the introduction of this new temporary regularisation process, home owners among others, whose property carries planning illegalities, which in some cases date back many years, "will be in a better position to sell or acquire a bank loan for their property."

The new regulations, which will expire after two years, will also legalise any irregular developments, within the development boundaries, which in past years benefited from a Category B concession, the PA said.

The Planning Authority stated that it will only consider regularising past legally non conformant developments if the building or structure does not result in an injury to amenity and if the use of the development is in conformity with current planning policies and regulations

Additionally, it said, the existing irregular development cannot have a footprint which goes beyond what appears in the Authority's aerial photographs of 2016. "Any extension or addition beyond this footprint cannot be regularised."

Every application will be subject to a fee, calculated on the total and combined roofed over area of each floor of the property being regularised. A 25% surcharge on the fee will be applied should an application be submitted after the two years but prior to three years from the coming into force of these regulations. Applicants will also be obliged to pay a minimum administrative fee of €50.

Applications which are related to cases already covered by a Category B concession will automatically get deducted the fee they had paid the Authority when they applied for the concession in previous years.

Furthermore, should an application be refused by the Authority, 90% of the fees paid will be refunded to the applicant, it said.

The Authority said that when it receives an application for a site on which there is an enforcement notice still in force, it will "safeguard the interests of all third parties who had submitted a formal complaint for which a notice had been issued."

In these cases, the Authority said it will inform these same third parties of the submitted regularisation application and offer them the option that within a 15 day period, they are to notify the Authority whether to be considered as registered interested parties. Registered interested parties automatically hold the right to appeal the Planning Commission's decision before the Tribunal.

The Authority added that on issuing a permit will still retain the right to impose any conditions which it may deem necessary, including, but not limited to, the execution of specific works within a specified time-frame of two years. "Failing to abide by these conditions will result in the application being dismissed."

The schedule of fees is available to view here.

Photograph by Alain Salvary

Permalink: Planning Authority’s “one-time opportunity” to regularise illegalities