Retrospective Planning Permission Application

Applying for retrospective planning permission: Everything you need to know

If you’ve undertaken building work or renovations to your house without securing prior planning permission, you may be concerned about the consequences. Retrospective planning permission is the solution for regularising unauthorised developments. This comprehensive guide provides everything you need to know about applying for retrospective planning permission, avoiding enforcement action, and safeguarding your property in the UK.

Have you extended your house or renovated your property without planning permission?

It’s more common than you might think for property owners to make changes to their homes without realising they require planning permission. Whether it’s a small rear extension, side extension, a loft conversion, or a new outbuilding, many projects need approval from the local council before work begins. Some properties have permitted development rights and can extend without requiring planning permission, but others do not have permitted development rights, such as flats and properties in conservation areas or listed properties.

If you’ve completed work without planning permission, retrospective planning permission allows you to apply for approval after the fact. This process helps ensure your development complies with local planning policies and planning guidance. Failing to address unauthorised works can lead to serious consequences, including enforcement action that may require you to undo the work entirely and sometimes include fines.

If you have received a planning enforcement notice what you should do?

Your local council issues a planning enforcement notice if they believe a breach of planning control has occurred. This is usually the case when a neighbour complains or the council have been tipped off by the works and investigated. This could involve an unauthorised extension, an unapproved change of use, or any development that doesn’t comply with planning policies and regulations.

If you receive an enforcement notice, it’s essential to act promptly. Ignoring the notice can lead to legal action, fines, and even demolition orders. Your first step should be to seek professional advice from a Chartered Planning Consultant like 4D Planning. An experienced planning consultant can assess your situation, advise on the best course of action, and assist you in submitting a retrospective planning permission application to regularise the unauthorised work or usage.

How you can avoid planning enforcement action

The best way to avoid planning enforcement action is to ensure compliance with planning policies and planning guidance from the outset. Here are some proactive measures to help you:

• Understand Planning Requirements: Familiarise yourself with your local council’s planning rules. Many councils provide guidelines on what requires planning permission. If you are unsure, get in touch with us and we will offer guidance and support.
• Apply Early: It goes without saying that if you are considering a project, it is ideal to apply for planning permission before starting work. This eliminates the need for retrospective applications and will give you peace of mind.
• Consult Professionals: Engaging a qualified architect or Chartered planning consultant can help you design a project that meets planning requirements and ensure you have a high chance of a successful outcome.
• Keep Records: Maintain documentation, including plans, correspondence with the council, and receipts and photos for work completed.

By taking these steps, you can avoid the stress and financial burden of enforcement actions.

What is retrospective planning permission?

Retrospective planning permission is a formal application submitted to your local council to regularise unauthorised work that has already been carried out. It allows the council to assess the development against current planning policies and decide whether to grant approval.

While retrospective planning permission can resolve issues, it is not guaranteed. The council will evaluate your application just as they would for a standard planning application. If the work breaches policies and guidance or is deemed unsuitable for the area, or if it is harmful to the amenity of neighbours, your application is likely to be refused.

It is worth noting that applying for retrospective planning permission is not a “get-out-of-jail-free card.” Councils may still take enforcement action if they believe the work should not have been carried out.

What if my retrospective planning permission application gets refused?

If your retrospective planning permission application is refused, don’t despair. There are options available to navigate through the system and hopefully achieve a successful outcome:

1. Appeal the Decision: You can appeal to the Planning Inspectorate within a specified timeframe. This process involves presenting your case to an independent inspector who will review the council’s decision. The Planning Inspectorate are independent of the council. They are a government body based in Bristol.
2. Modify the Work: In some cases, you may be able to make adjustments to your development to bring it into compliance. This could involve altering the design, reducing the size of an extension, or addressing other specific concerns raised by the council. 4D Planning can advise you on this.
3. Apply for a Lawful Development Certificate: If the unauthorised work has been in place for a significant period (e.g., four years for most building works up until 25^th April 2024 or ten years for change of use and any other works after 25^th April 2024), you may be eligible for a Lawful Development Certificate. This confirms the work is immune from enforcement action. 4D Planning have many years of experience with Lawful Development applications.
4. Seek Professional Advice: A planning consultant can help you navigate these options and identify the best solution for your circumstances. Get in touch with us today to discuss your project.

The rules surrounding retrospective planning permission

Understanding the rules around retrospective planning permission is crucial. Here are some key points to keep in mind:

• Timelines: Councils can take enforcement action at any point within ten years for unauthorised building works or for changes of use.
• Criteria for Approval: The council will assess your application based on the same criteria as a standard planning application. This includes factors like design, impact on neighbours, impact on the street scene and wider area as well as compliance with local planning policies.
• Potential Penalties: If your application is refused, the council may require you to demolish the unauthorised work or revert the property to its previous state.

By understanding these rules, you can better prepare your application and increase your chances of success.

Best practise to avoid relying on the retrospective planning permission application

While retrospective planning permission can be a lifeline, it’s always better to avoid the need for it in the first place. Here are some best practices:

• Conduct Pre-Application Research: Before starting any work, research whether planning permission is required. Even minor alterations can sometimes require approval.
• Engage Professionals: Hiring an experienced planning consultant or architect can help you navigate complex policies and regulations and design a compliant project. Consider whether it is best for you to engage a professional planning consultant or architect or if you can manage this on your own assuming you have the time and expertise.
• Communicate with Your Council: Reach out to your local planning department for guidance. They can provide advice on whether your project requires permission and how to proceed. From experience it is difficult to get through to planning departments and planning officers, and their responses are delayed and the information provided is generic and not always helpful. However, in some cases the council are helpful and their input and guidance is valuable. If you need assistance with reaching out to your local council, we can help you.
• Follow the Rules: Adhering to planning policies and regulations from the outset saves time, money, and stress in the long run.

How 4D Planning can help you

Navigating the complexities of planning permission can be challenging, especially if you’re dealing with retrospective applications. That’s where 4D Planning comes in. We specialise in providing expert advice and support to property owners across the UK.

Our services include:

• Retrospective Planning Permission Applications:

We’ll guide you through the process, from preparing the necessary documents and architectural drawings to liaising with your local council.

• Appeals and Enforcement Advice:

If your application has been refused or you’re facing enforcement action, we’ll help you understand your options and fight for a favourable outcome.

• Project Design and Planning:

Our team can assist in designing compliant projects that align with your vision and local planning policies and planning guidance as much as possible.

At 4D Planning, we’re committed to helping you achieve peace of mind and protect your investment. Contact us today to learn more about how we can assist with your retrospective planning permission needs.