Retrospective Planning Permission

Imagine the scenario: you’ve completed work on a fabulous new extension only to receive a notice from the local council that says you’ve breached planning regulations. It’s a nightmare scenario but one that unfortunately, many property owners find themselves in.

Unauthorised works could include:

• Construction of an extension or a new building in the grounds
• Change of property use
• Display of advertisements
• Works to listed buildings or protected trees
• Failure to comply with original planning consent –  for example, the design changed or the relevant planning conditions were not complied with

It’s essential to be aware of the local planning regulations, and understand when planning permission is required for various types of developments. Ignorance of planning rules is not an excuse, and property owners are responsible for ensuring compliance with planning laws.

Without planning permission the work can be labelled ‘illegal’, and you could face severe penalties. At best a steep fine or at worse, an order to demolish the unauthorised alterations.

This is where retrospective planning permission comes in. It allows property owners to seek approval for changes that have already been made to their properties, without prior consent from the local planning authority. By making a retrospective planning application, may be able to avoid legal action and ensure that your property complies with planning regulations.

Note that it’s more seeking forgiveness for what you’ve done, rather than asking for permission, as the damage has already been done! It’s a last resort for rectifying a breach of planning regulations.

Just like any other application, planning authorities consider these applications on their own merits and there is no guarantee of approval. However, if granted, the permission makes your work legal!

It might be tempting to ignore the issue, but the risks associated with failing to address unauthorised development are significant.

Here’s what you could face:

• Enforcement Action – local authorities have the power to take enforcement action. This could involve hefty fines, a legal order to demolish the unauthorised work, or even criminal prosecution in extreme cases.
• Difficulty Selling Your Property – selling a property without the necessary planning permission can be difficult. The buyer’s surveyor will easily find out and potential buyers may be made aware of the legal implications. They would find it impossible to obtain a mortgage on your property.
• Insurance – home insurance policies can be invalidated if your property has unauthorised modifications. This could leave you out of pocket leaves when you come to make a claim.

Here’s a step-by-step guide:

1. Assessment – the LPA will assess the changes made to your property and determine whether they require retrospective planning permission.
2. Consultation – it is essential you seek advice from an planning expert to understand the requirements and implications for retrospective applications.
3. Application Submission -you will need to complete the application forms and submit them to your local planning authority, along with detailed plans, assessments, and a justification for the unauthorised works. This aims to demonstrate compliance with regulations and minimise any adverse consequences
4. Consideration:  the LPA will review your application and consider factors such as the impact on the surrounding area, and compliance with local and national policies. They may choose to consult with your neighbours and other interested parties about your application. This allows them to consider potential concerns or objections to the unauthorised development.
5. Determination of the Application – the LPA will review your application carefully, considering compliance with building regulations and the design of the development. They will then issue a decision, which could be:

• Approval: The ideal outcome. It legalises your unauthorised development.
• Conditional Approval: The LPA may grant approval subject to certain conditions, such as modifications to the development or additional landscaping.
• Refusal: You will receive a written explanation outlining the reasons for the decision.

If your retrospective planning application is refused, you may face several consequences, including:

• Enforcement Action: The local planning authority may require you to stop any further work and revert the property to its original state or use.
• Legal Action: Failure to comply with planning regulations can result in legal action, including fines or even criminal charges.
• Insurance Implications: It may be challenging to obtain insurance for unauthorised developments, and your current insurance policy may be invalidated.
• Financial Costs: Reversing unauthorised work can be costly, and you may incur expenses for demolition or restoration.

Can I appeal A Retrospective Planning Application Decision?

If your retrospective planning application is refused, you don’t have to accept the decision. You have the right to appeal the decision to the Planning Inspectorate, an independent body that reviews planning decisions made by local authorities.