How Do I Apply For Retrospective Planning Permission?

How much Does a Retrospective Planning Application Cost? ►

 ◄ Back to Retrospective Planning Permission

Types of enforcement action for a Garage Conversion   Enforcement Notices: These can be served where the necessary consent for a garage conversion has not been obtained.  The notice may request for the breach to be remedied by alteration, demolishment or for the unauthorised use to cease. You must act quickly as an Enforcement Notice will usually have a limited time frame in which to remedy the breach.     Breach of Condition Notice: This is when a condition attached to the planning permission already granted for a garage conversion has not been met. The local planning authority may serve a BCN on any person who is carrying out or has carried out a garage conversion, or is the person in control of the land. The breach would have to be corrected within a specified timescale.  There is no right of appeal for these notices.

Been Served an Enforcement Notice for a Garage Conversion?

Have you been served an Enforcement Notice in relation to the alleged unauthorised development of your Garage Conversion? You must act quickly but remember early intervention and negotiation is generally preferable to taking the case to appeal, although in more contentious cases an appeal to the Planning Inspectorate may be the only way to overturn such a notice.

Many home owners inadvertently breach planning control while converting a garage and can be left feeling confused and vulnerable when challenged by the Local Planning Authority.If you find yourself in this situation, Don't panic! You have a right to submit a retrospective planning application to rebut the enforcement notice and justify your Garage Conversion. A thorough and carefully designed retrospective planning application demonstrating that the garage conversion satisfies the relevant planning regulations without negative impact to the surrounding area, can make all the difference in overturning an Enforcement Notice.

Enforcement Notice Legislation

The Legislation concerned with Planning Enforcement relating to a Garage Conversion is vast and extremely complex. It is therefore highly impractical for a home owner to attempt to go it alone and submit their own retrospective planning application or appeal. There is an abundance of regulations to consider when formulating retrospective planning applications or appeals, not to mention the importance of being aware of any available loopholes and methods of bypassing various restrictions.  

Don't Assume the Council Are Always Right

Many people assume that the Council, as the local Planning Authority, must be correct when they have deem your Garage Conversion to be illegal. Why else would they issue an Enforcement Notice? This is a common misconception amongst many unassuming home owners. Our experience has proven that a Retrospective Planning Application which clearly indicates that the Garage Conversion in question satisfies all the requirements set out by government legislation, can indeed overturn the Enforcement Notice. Planning Permission is then granted as though you had applied for it prior to carrying out any building work.

How We Can Help You

Drawing and Planning are an expert Planning Consultancy with a dedicated team of Architects and Planning Consultants, each possessing years of experience working within various local planning authorities across London. As a specialist Planning Consultancy, we have an outstanding successful track record in challenging Enforcement Notices, so you can rest assured that your Retrospective Planning Application will be handled by the experts. What's more, you'll find that our Planning services are significantly cheaper than enlisting the services of a Planning Solicitor.

Our Services Include:

• Enforcement Notices 

• Enforcement Negotiation

• Contravention Notices 

• Planning Appeals 

• Land Use surveys 

• Untidy Land (S215) Notices 

• Threats from the Council 

• Advertisement Offences 

Our clients benefit from a stress-free planning process, knowing that a team of Planning consultants will produce a superbly formulated  retrospective planning application for their Garage Conversion, giving them the best possible chance in successfully overturning the enforcement notice. We utilise our experience and professional judgement to challenge an Enforcement Notice with particular attention to detail to avoid any pitfalls, ensuring that your interests are best protected and that the onus is upon the Council to grant planning permission for your garage conversion.

Learn More about Retrospective Planning Permission ►

Types of enforcement action for a Loft Conversion   Enforcement Notices: These can be served where the necessary consent for a Loft conversion has not been obtained.  The notice may request for the breach to be remedied by alteration, demolishment or for the unauthorised use to cease. You must act quickly as an Enforcement Notice will usually have a limited time frame in which to remedy the breach.     Breach of Condition Notice: This is when a condition attached to the planning permission already granted for a Loft conversion has not been met. The local planning authority may serve a BCN on any person who is carrying out or has carried out a Loft conversion, or is the person in control of the land. The breach would have to be corrected within a specified timescale.  There is no right of appeal for these notices.

Been Served an Enforcement Notice for a Basement Conversion?

Have you been served an Enforcement Notice in relation to the alleged unauthorised development of your Loft Conversion? You must act quickly but remember early intervention and negotiation is generally preferable to taking the case to appeal, although in more contentious cases an appeal to the Planning Inspectorate may be the only way to overturn such a notice.

Many home owners inadvertently breach planning control while converting a Loft and can be left feeling confused and vulnerable when challenged by the Local Planning Authority. If you find yourself in this situation, Don't panic! You have a right to submit a retrospective planning application to rebut the enforcement notice and justify your Loft Conversion. A thorough and carefully designed retrospective planning application demonstrating that the basement conversion satisfies the relevant planning regulations without negative impact to the surrounding area, can make all the difference in overturning an Enforcement Notice.

Enforcement Notice Legislation

The Legislation concerned with Planning Enforcement relating to a Loft Conversion is vast and extremely complex. It is therefore highly impractical for a home owner to attempt to go it alone and submit their own retrospective planning application or appeal. There is an abundance of regulations to consider when formulating retrospective planning applications or appeals, not to mention the importance of being aware of any available loopholes and methods of bypassing various restrictions.  

Don't Assume the Council Are Always Right

Many people assume that the Council, as the local Planning Authority, must be correct when they have deem your Loft Conversion to be illegal. Why else would they issue an Enforcement Notice? This is a common misconception amongst many unassuming home owners. Our experience has proven that a Retrospective Planning Application which clearly indicates that the Basement Conversion in question satisfies all the requirements set out by government legislation, can indeed overturn the Enforcement Notice. Planning Permission is then granted for the Loft Conversion as though you had applied for it prior to carrying out any building work.

How We Can Help You

Drawing and Planning are an expert Planning Consultancy with a dedicated team of Architects and Planning Consultants, each possessing years of experience working within various local planning authorities across London. As a specialist Planning Consultancy, we have an outstanding successful track record in challenging Enforcement Notices, so you can rest assured that your Retrospective Planning Application for your loft conversion will be handled by the experts. What's more, you'll find that our Planning services are significantly cheaper than enlisting the services of a traditional Architects firm or Planning Solicitors.

Our Services Include:

• Enforcement Notices 

• Enforcement Negotiation

• Contravention Notices 

• Planning Appeals 

• Land Use surveys 

• Untidy Land (S215) Notices 

• Threats from the Council 

• Advertisement Offences 

Our clients benefit from a stress-free planning process, knowing that a team of Planning consultants will produce a superbly formulated  retrospective planning application for their Loft Conversion, giving them the best possible chance in successfully overturning the enforcement notice. We utilise our experience and professional judgement to challenge an Enforcement Notice with particular attention to detail to avoid any pitfalls, ensuring that your interests are best protected and that the onus is upon the Council to grant planning permission for your loft conversion.

Learn More about Retrospective Planning Permission ►

Drawing and Planning is an established planning consultancy, specialising in development and regeneration across the UK. We are an independent practice providing advice to major developers and landowners on the most exciting and challenging projects. We have a particularly strong presence in the London market and are currently advising on proposals amounting to in excess of 50 m sq ft.

Our continued success is dependent upon attracting the very best personnel. We are looking to make several appointments and if you have relevant experience and a passionate and energetic spirit, then we would like to hear from you.

We are interested in a range of candidates – from undergraduates, those who have recently qualified to those with years of experience. In return for your skills, enthusiasm and commitment we offer exciting  work placements and rewards.

Please see our current vacancies below and If you believe that you can meet the standards required by us then reply in confidence by sending your CV and salary expectations to info@drawingandplanning.com

The right candidate will be able to:

Take incoming sales calls and advise on feasibility for new projects.

Research and Write Design and Access Statements

Prepare and submit planning appeals

Liaise with planning departments from all London councils.

Liaise with RTPI on new incoming planning changes.

Reporting to the MD, you will visit sites around London and represent Drawing and Planning ltd. at RTPI conferences.

This role will suit a DC Planner but is open to anyone who can do the job.

What we are looking for

• Energy and enthusiasm

• Hardworking, motivated and looking for career advancement

• A team player with strong interpersonal skills

• Seeking a fulfilling career with a young, dynamic company

• Eligible to work in the UK

This is a key role at the head office of a young, fast growing and ambitious Planning and Architecture Consultancy.

Please email your CV and salary expectations to info@drawingandplanning.com

Due to a vast intake of work we immediately require a qualified structural engineer/building surveyor that can fulfil the following criteria:

1. Assess architectural drawings and calculate the loading requirements for development
projects, primarily householder projects such as rear, loft and side extensions.

The role will also involve producing structural calculations for large scale new build projects.

Have excellent knowledge of the Building Regulations and be able to advise clients on their projects at initial feasibility phase.

Be able to visit client properties all around London and produce relevant construction drawings to be submitted for Building Regulations approval.

Prepare and submit Building Notice and Full Plans Application to Local Authorities.

Liaise with building control departments, appointed builders post the building controlapplication stage.

This role will suit a qualified Structural Engineer, keen for a challenge, with the right level of experience. Experience of building control procedures and ideally some background with a local authority building control department would be advantageous.

What we are looking for.

• Energy and enthusiasm

• Hardworking, motivated and looking for career advancement

• A team player with strong interpersonal skills

• Seeking a fulfilling career with a young, dynamic company

• Eligible to work in the UK

This is a key role at the head office of a young, fast growing and ambitious Planning and Architecture Consultancy.

Please email your CV and salary expectations to info@drawingandplanning.com

We require someone with at least 4 years experience so we can ensure that the person has the relevant experience to understand the scope of the works.

Conducting calculations to be presented to Building Control to the current regulation in respect to U values for the new habitable spaces, in particular when the glazing area exceeds 25% of the proposed floor area.

Confident in conducting the relevant calculations and writing the appropriate specification

Areas of responsibility:

We are looking for an architectural/CAD technician to work as part of our design team. As a CAD Technician/ Designer you will be responsible for surveying sites in London, and assist in drawing all the plans, elevations etc to scale for our planning consultants using Microstation.

Reporting to the Design Manager, you will visit sites around London and by using Microstation CAD software you will produce technical planning drawings of the surveys carried out.

Your duties will include:- Surveying residential and commercial sites around London-

Preparing design drawings using Microstation

Liaising with the Design Manager and the Planning Consultants, obtaining specific needs and preferences-

Quality control of all Planning drawings

To be considered for this role, you must have:-

excellent Microstation skills

- Knowledge of basic building/ planning regulations

- experience with surveying properties (bonus)

Although not essential, experience in Planning and building regulations is beneficial

What we are looking for...

• Energy and enthusiasm

• hardworking, motivated and looking for career advancement

• A team player with strong interpersonal skills

• Seeking a fulfilling career with a young, dynamic company

• Eligible to work in the UK

This is a key role at the head office of a young, fast growing and ambitious Planning and Architecture Consultancy.

Please email your CV and salary expectations to info@drawingandplanning.com

We are currently looking for  a candidate to spearhead our sales. The candidate must look and act the part. They must demonstrate an ability to quickly establish a good rapport and trust with a potential client and turn enquiries into fee income. Our commercial customers should become long-term clients. We take pride in the high level of trust we develop with our clients.

Our ideal candidate may have experience of building planning and regulations and may have spenttime in the planning department of a local authority. However personality and the ability to make the case for using our services is the prime requirement.

We will pay a competitive salary and commission.

This is a key role at the head office of a young, fast growing and ambitious Planning and Architecture Consultancy.

If you feel you may be suited for this role, please email your CV and salary expectations to info@drawingandplanning.com

If your scheme has been refused by the local authority, your first point of contact is Drawing and Planning on 0208 202 3665.

1. One of our Planning Consultants will conduct a FREE initial study to determine whether you have grounds for Appeal. Please note, your dissatisfaction with a planning decision is not sufficient grounds for an appeal! Drawing and Planning will explore all relevant planning legislation and policy to establish valid grounds with which to Appeal the decision.

2. At this stage you may choose to formally instruct Drawing and Planning to Appeal the decision on your behalf.

3. We will compile all the necessary paperwork, preparing relevant documents, plans and photographs.

4. Liaise with the Planning Inspectorate throughout the appeal to final decision.

5. Winning your Planning Appeal! *

* As the  final decision is with the Planning Inspectorate alone, Drawing and Planning cannot categorically guarantee success in overturning your planning appeal. However, as a leading planning consultancy, you can be sure we will use our experience and knowledge to produce the best planning appeal you can make, giving you the best chances of success at appeal.

There are many issues to consider when preparing an appeal, from experience we have found that many scheme’s that have been refused are turned down due to issues that can usually be overcome with due diligence and attention to detail. Even if Drawing and Planning have not carried out the initial design, we can take over your application and prepare an appeal on your behalf. You are welcome to pursue with your own appeal if you feel you have the experience required to win an appeal.

Drawing and Planning are here to gain planning permission for your scheme and have the ability to help you win your appeal. Calling us to discuss your appeal is free so we look forward to hearing from you.

As no two planning appeals are alike, our fees will naturally vary from appeal to appeal. We offer a FREE initial feasibility into your refusal to determine whether there are sufficient grounds for a planning appeal. Following this we will be able to provide you with a formal quote to handle your planning appeal.

Drawing and Planning is an independant planning consultancy based in London. Working nationally, the company offers a wide range of development and planning services based upon many years of experience in both the private and public sectors. The company prides itself in understanding our clients business and in responding positively to their aims and objectives. We offer up to date advice enabling clients to react to the rapidly changing planning climate. Our services are tailor made for each client and we provide a responsive and flexible approach to instructions. Our clients include national companies, property developers, registered charities and educational institutions.

The complexity of the regulatory framework which surrounds the property industry requires an exceptionally experienced and knowledgeable team capable of thinking latterally and focusing on problem solving. Drawing and planning can provide independent objective advice that is unfettered by any conflict of interest. Our approach identifies the key issues at the outset which ensures resultant savings on cost and time and which maximises the value of property assets. We balance the often conflicting demand to deliver profitable development whilst addressing conservation, sustainability and the many other issues which impinge on the property development process.

Our main office is based in London with a combined Planning, Architectural and Structural team with a wide variety of professional qualifications and a vast collective experience of dealing with all aspects of the development process.

In addition to our head office in London,  we have regional offices in Dublin and Manchester working UK wide for our diverse client base.

Drawing and Planning prides itself on providing an affordable yet uncompromising personal service, tailored to the individual requirements of each client and each project. Above all we believe in offering an affordable service and do not believe in a standardised format.

Each instruction is unique, and demands a creative and effective strategy to maximise development value and minimise planning risk. We work closely with the Council on all schemes and the local community where possible. Whilst we have an excellent track record on appeals, we regard appeals as a last resort. 

To carry out a change of usage to Residential (C3) from an A class usage, depends on various conditions being met.

1. Has your property formerly been used for residential purposes (established use)?

    

2. Does your property have a history of marketing and long term vacancy?

    

3. Is there precedent for residential usage on your street / parade?

    

THERE ARE VARIOUS OTHER CONDITIONS TO BE MET TO GAIN A SUCCESSFUL CHANGE OF USAGE, PLEASE CALL TO DISCUSS YOUR PROPOSAL WITH ONE OF OUR CONSULTANTS ON 0208 202 3665 or FILL OUT THE QUESTIONAIRE BELOW.

To carry out a change of usage to Residential (C3) from a B class usage, depends on various conditions being met.

a) Has your property formerly been used for residential purposes (established use)?

b) Does your property have a history of marketing and long term vacancy?

c) Is there precedent for residential usage on your street / parade?

THERE ARE VARIOUS OTHER CONDITIONS TO BE MET TO GAIN A SUCCESSFUL CHANGE OF USAGE, PLEASE CALL TO DISCUSS YOUR PROPOSAL WITH ONE OF OUR CONSULTANTS ON 0208 202 3665 or FILL OUT THE QUESTIONAIRE BELOW.

To carry out a change of usage to Residential (C3) from a C1 Hotel, C2 residential instution or a HMO usage, depends on various conditions being met.

a) The Proposed usage is acceptable for the proposed site

b) Does your property have a history of marketing and long term vacancy?

c) Is there precedent for C3 usage on your street / parade?

THERE ARE VARIOUS OTHER CONDITIONS TO BE MET TO GAIN A SUCCESSFUL CHANGE OF USAGE, PLEASE CALL TO DISCUSS YOUR PROPOSAL WITH ONE OF OUR CONSULTANTS ON 0208 202 3665 or FILL OUT THE QUESTIONAIRE BELOW.

To carry out a change of usage to Residential (C3) from a D class usage, depends on various conditions being met.

a) Has your property formerly been used for residential purposes (established use)?

b) Does your property have a history of marketing and long term vacancy?

c) Is there precedent for residential usage on your street / parade?

THERE ARE VARIOUS OTHER CONDITIONS TO BE MET TO GAIN A SUCCESSFUL CHANGE OF USAGE, PLEASE CALL TO DISCUSS YOUR PROPOSAL WITH ONE OF OUR CONSULTANTS ON 0208 202 3665 or FILL OUT THE QUESTIONAIRE BELOW.

Drawing and Planning have employed former council planning officers to make it possible and affordable for you to join forces with the likes of the Hilton's, Holiday Inn's, Travelodge's and Premier inn's. We have in-house Town Planner's, Architect's and Structural Engineer's which we believe is the formula for successful Planning Applications.

In recent times and due to the recession, the UK is experiencing a huge problem! Too many excess B1 office spaces and too many vacant sites crying out for development. 

Many Hotel chains are capatalising on the low price lease's and rapidly adding rooms to their portfolio's. Why not join them and let Drawing and Planning get you Planning consent for a change of Usage to a hotel or maximise your existing hotel.

Over the last few years we have been in regular contact with the new hotel teams at all the major hotel operators. We have found that site's/location's with planning granted for a C1 hotel will achieve a higher price per square foot once offered to the market. Therefor Landlords, let Drawing and Planning get you consent for a hotel and then let us find you an operator.

As of September 2011 there is still a large demand for hotel rooms all over the UK.

Special rates offered to existing International Hotel Chains looking to open in the UK, we are happy to help you find locations and look after the Planning Process for you, investing in this industry will give you a safe return for the bumpy years ahead.

PLEASE REQUEST A FREE FEASIBILITY AND FREE QUOTATION BY COMPLETING THE FORM BELOW AND ONE OF OUR COMMERCIAL CONSULTANTS WILL BE IN CONTACT WITH YOU!

Residential properties are still the most lucrative and stable investments on the market. Increasingly the UK council's are waking up to the fact that developers are making large sums of profits from creating residential blocks in affordable and sometimes un-affordable locations.

Some council's will request a a contribution to the council, for example Enfield Council will not validate an application for a residential development unless you the Developer agree to contribute 20% of the PROFIT to the council. This contribution is in the form of a S.106 agreement completed by the council solicitors and your solicitors.

Due to the large volume of application's we submit and the fact that our consultant's have worked in various London Councils, Drawing and planning understand how the council's make a planning decision.

Sometime's it is difficult to know how far to push the council or how many units the council would allow. We have a proven system to maximise your development.

Why not combine the Use Classes and let Drawing and planning design you a scheme incorporating a hotel, retail and mixed size apartments or any similar combination. The council's are generally in favour of these scheme's as they provide much need housing, local employment, local business and a strong precedent of a successful development.

It is sometimes overlooked but mixed use developments can generate very high Business and Council Rates. As we know the Government have made severe cut backs and are actively looking to approve scheme's that produce money for the council. Let Drawing and planning help you get your Planning Application Approved!

PLEASE REQUEST A FREE FEASIBILITY AND FREE QUOTATION BY COMPLETING THE FORM BELOW AND ONE OF OUR COMMERCIAL CONSULTANTS WILL BE IN CONTACT WITH YOU!

Use Class A1 - Shops

A1 is use for all or any of the following purposes:

(a) for the retail sale of goods other than hot food,

(b) as a post office,

(c) for the sale of tickets or as a travel agency,

(d) for the sale of sandwiches or other cold food for consumption off the premises,

(e) for hairdressing,

(f) for the direction of funerals,

(g) for the display of goods for sale,

(h) for the hiring out of domestic or personal goods or articles,

(i) for the reception of goods to be washed, cleaned or repaired,

(j) where the sale, display or service is to visiting members of the public.

(k) as an internet café; where the primary purpose of the premises is to provide facilities for enabling members of the public to access the internet

Use Class A2 - Financial And Professional Services

A2 is use for the provision of:

(a) financial services, or

(b) professional services (other than health or medical services), or

(c) any other services (including use as a betting office) which it is appropriate to provide in a shopping area, where the services are provided principally to visiting members of the public.

Use Class A3 - Restaurants and Cafes

A3 is use for the sale of food or drink for consumption on the premises or of hot food for consumption off the premises.

Use Class A4 - Drinking Establishments

A4 is use as a public house, wine-bar or other drinking establishment

Use Class A5 - Hot food takeaways

A5 is use for the sale of hot food for consumption off the premises.

Use Class B1 Business

B1 building use is use for all or any of the following purposes:

(a) as an office other than a use within class A2 (financial and professional services),

(b) for research and development of products or processes, or

(c) for any industrial process, being a use which can be carried out in any residential area without detriment to the amenity of that area by reason of noise, vibration, smell, fumes, smoke, soot, ash, dust or grit.

Use Class B2 General Industrial

B2 building use is for the carrying on of an industrial process other than one falling within class B1 above or within classes B3 to B7 below.

Use Class B3 Special Industrial Group A

A B3 building use is for any work registrable under the Alkali, etc. Works Regulation Act 1906[5] and which is not included in any of classes B4 to B7 below.

Use Class B4 Special Industrial Group B

B4 building use is for any of the following processes, except where the process is ancillary to the getting, dressing or treatment of minerals and is carried on in or adjacent to a quarry or mine:

(a) smelting, calcining, sintering or reducing ores, minerals, concentrates or mattes

(b) converting, refining, re-heating, annealing, hardening, melting, carburising, forging or casting metals or alloys other than pressure die-casting

(c) recovering metal from scrap or drosses or ashes

(d) galvanizing

(e) pickling or treating metal in acid

(f) chromium plating

Use Class B5 Special Industrial Group C

B5 building use is for any of the following processes, except where the process is ancillary to the getting, dressing or treatment of minerals and is carried on in or adjacent to a quarry or mine

(a) burning bricks or pipes

(b) burning lime or dolomite

(c) producing zinc oxide, cement or alumina

(d) foaming, crushing, screening or heating minerals or slag

(e) processing pulverized fuel ash by heat (f) producing carbonate of lime or hydrated lime

(g) producing inorganic pigments by calcining, roasting or grinding

Use Class B6 Special Industrial Group D

B6 building use is for any of the following processes:

(a) distilling, refining or blending oils (other than petroleum or petroleum products)

(b) producing or using cellulose or using other pressure sprayed metal finishes (other than in vehicle repair workshops in connection with minor repairs, or the application of plastic powder by the use of fluidised bed and electrostatic spray techniques)

(c) boiling linseed oil or running gum

(d) processes involving the use of hot pitch or bitumen (except the use of bitumen in the manufacture of roofing felt at temperatures not exceeding 220°C and also the manufacture of coated roadstone)

(e) stoving enamelled ware;

(f) producing aliphatic esters of the lower fatty acids, butyric acid, caramel, hexamine, iodoform, napthols, resin products (excluding plastic moulding or extrusion operations and producing plastic sheets, rods, tubes, filaments, fibres or optical components produced by casting, calendering, moulding, shaping or extrusion), salicylic acid or sulphonated organic compounds;

(g) producing rubber from scrap

(h) chemical processes in which chlorphenols or chlorcresols are used as intermediates

(i) manufacturing acetylene from calcium carbide

(j) manufacturing, recovering or using pyridine or picolines, any methyl or ethyl amine or acrylates

Use Class B7 Special Industrial Group E

B7 building use is for carrying on any of the following industries, businesses or trades

(a) Boiling blood, chitterlings, nettlings or soap

(b) Boiling, burning, grinding or steaming bones

(c) Boiling or cleaning tripe

(d) Breeding maggots from putrescible animal matter

(e) Cleaning, adapting or treating animal hair

(f) Curing fish

(g) Dealing in rags and bones (including receiving, storing, sorting or manipulating rags in, or likely to become in, an offensive condition, or any bones, rabbit skins, fat or putrescible animal products of a similar nature)

(h) Dressing or scraping fish skins

(i) Drying skins

(j) Making manure from bones, fish, offal, blood, spent hops, beans or other putrescible animal or vegetable matter

(k) Making or scraping guts

(l) Manufacturing animal charcoal, blood albumen, candles, catgut, glue, fish oil, size or feeding stuff for animals or poultry from meat, fish, blood, bone, feathers, fat or animal offal either in an offensive condition or subjected to any process causing noxious or injurious effluvia

(m) Melting, refining or extracting fat or tallow

(n) Preparing skins for working

Use Class B8 Distribution or Storage

B8 building use is for storage or as a distribution centre.

Use Class C1 Hotels and Hostels

C1 is use as a hotel, boarding or guest house or as a hostel where, in each case, no significant element of care is provided.

Use Class C2 Residential Institutions

C2 is use as Provision of residential accommodation and care to people in need of care (other than a use within class C3 (dwelling houses)).

A hospital or nursing home.

A residential school, college or training centre

Use Class C3 Dwellings, Houses, Flats, Apartments

C3 is use as a dwelling house (whether or not as a sole or main residence)

(a) by a single person or by people living together as a family, or

(b) by not more than 6 residents living together as a single household (including a household where care is provided for residents).

Use Class C4 Houses in Multiple Occupation

Small shared dwelling houses occupied by between three and six unrelated individuals, as their only or main residence, who share basic amenities such as a kitchen or bathroom.

Use Class D1 Non Residential Institutions

D1 is any use not including a residential use:

(a) for the provision of any medical or health services except the use of premises attached to the residence of the consultant or practioner

(b) as a crêche, day nursery or day centre

(c) for the provision of education

(d) for the display of works of art (otherwise than for sale or hire)

(e) as a museum

(f) as a public library or public reading room

(g) as a public hall or exhibition hall

(h) for, or in connection with, public worship or religious instruction

Use Class D2 Assembly and Leisure

D2 is use as

(a) a cinema,

(b) a concert hall,

(c) a bingo hall or casino,

(d) a dance hall,

(e) a swimming bath, skating rink, gymnasium or area for other indoor or outdoor sports or recreations, not involving motorised vehicles or firearms.

Sui Generis

(Use Class Sui Generis)  

Sui Generis is use that does Not Fall Into Any Use Class Category

Such uses include: theatres, houses in multiple occupation, hostels providing no significant element of care, scrap yards. Petrol filling stations and shops selling and/or displaying motor vehicles. Retail warehouse clubs, nightclubs, launderettes, taxi businesses, amusement centres and casinos.

If you have just received a letter from the council demanding you to regularize the current usage of your commercial property through a retrospective application, you need to act swiftly to avoid formal enforcement Action. Thankfully you have come to the right place! As a commercial planning consultancy, Drawing and Planning boast an excellent record in retrospective planning approval and have helped many of our clients in similar situations gain the approval they need.

To find out how we can help you with your retrospective planning application, please contact us on 0208 202 3665 or fill out the form below and one of our consultants will contact you shortly.

If building works start and planning permission is required and has not been obtained, retrospective planning permission will be required to regularise the development. A 'retrospective planning application' is essentially an application that is submitted in order to obtain planning permission for the development after it is completed.

An owner or developer should never rely on a retrospective planning permission application to get unauthorised development approved.  Anyone doing this is taking a considerable risk and may face formal enforcement action.

Drawing and Planning act on behalf of many commercial tenants, landlords and investors, who wake one morning to find a letter from the local Council Planning Office requesting they make a retrospective planning application for works which require planning approval. If you find yourself in this situation, you can GET IN TOUCH with our consultants for expert advice.

Council's enforcement officers will only encourage an owner or developer to make a retrospective application if they consider that they may be granted planning permission for the development. However, enforcement officers can only advise on this. 

The retrospective application will be dealt with by one of the planning officers in exactly the same way that they deal with any application for planning permission.

Retrospective Change of Usage applications are very complex and will require supporting evidence including business rates bills, lease's, tenant details etc. once we have carried out a feasibility on your retrospective application we will advise you of all the documents we will require.

The Pied Bull, Enfield - Retrospective Application for Listed Building Consent

Several years ago, Family P. purchased a Grade II listed Pub in Enfield. The new management decided to refurbish the local pub in order to create an improved environment in order to attract new customers.   The family knew that any improvements made to a heritage building would need to be carried out with great sensitivity to ensure all the period features are preserved.   The builders were instructed to apply Heritage approved colour paint to all the interior walls, carefully treat the oak beams to carefully restore them to their original appearance .The entire exterior façade was also given a fresh coat of paint, reviving its imposing appearance.   The bathroom facilities were in a dire state so modernised facilities were installed and a window closed to allow for new facilities. The improvements had invigorated the pub, giving it anew lease on life fit for use in the 21st century.

No sooner had business began to pick up, Family P. received a distressing letter in the post. The Planning Enforcement department at the council were not pleased that the external improvements were carried out without prior consent, and were threatening action unless the family rectify the matter.

Drawing and Planning received a call from a nervous Mr P. in which he informed our consultant of the improvements made to the pub and of the council’s aggressive letter that had followed. We reassured Mr P. that we have ample experience dealing with such situations and can help resolve the matter. Clarifying that it was necessary to submit a retrospective application for Listed Building Consent, we offered to provide all the necessary drawings and documents, closely liaise with the duty planner at Enfield Council and submit an application on his behalf.

After enlisting our service, we scheduled a meeting with Mr P. at the property to carry out a detailed survey of the site. The buildings full measurements and dimensions were recorded including all the unique Heritage features, allowing us to begin working on all the architectural drawings and associated documents.

The designers assigned to the project produced detailed drawings of the existing building, its elevations and a roof plan, as is required for all applications. A thorough Design and Access statement was also compiled along with a detailed photo survey clearly indicating the nature of improvements carried out. We sent copies of all the drawings and documents to Mr P. for his approval and comments. Once he confirmed that he was entirely satisfied with all the documents, we submitted the retrospective application to the Council.

On a summer’s morning nine weeks later, a letter from Enfield Council arrived at our offices. It read:“Permission to develop the said land in accordance with the said application is HEREBY GRANTED.”Wonderful news!

Yet another successful planning application granted. We immediately telephoned Mr P. to inform him of the good news. Much to the family’s relief they could once again be fully focused on running the pub and welcoming the new customers.

Development to a Grade I or Grade II Listed will, in most cases, require Listed Building Consent. Listed building control protects buildings of special architectural or historical interest. These controls are in addition to any planning regulations which would normally apply.

Listed Building Consent is intended to prevent the unrestricted demolition, alteration or extension of a listed building without the express consent of the local planning authority or the Secretary of State. It is a stringent and thorough planning application that prioritises the protection of the character as well as protecting the structure.

 in most cases, a GRADE I or GRADE II Listed Building may not be demolished unless it provides a vital service to a community!

Planning (Listed Building and Conservation Areas) Act 1990

What is a listed building?

A 'listed building' is a building, object or structure that has been judged to be of national importance

in terms of architectural or historic interest and included on a special register, called the List of

Buildings of Special Architectural or Historic Interest.

Compiled by the Department for Culture, Media and Sports (DCMS), under the provisions of the

Planning (Listed Buildings and Conservation Areas) Act 1990, the list includes a wide variety of

structures, from castles and cathedrals to milestones and village pumps.

What part of the building is listed?

When a building is listed, it is listed in its entirety, which means that both the exterior and the

interior are protected. In addition, any object or structure fixed to the building, and any object or

structure within the curtilage of the building, which although not fixed to the building, forms part of

the land and has done so since before 1 July 1948, are treated as part of the listed building.

Listed Building Consent

Listed building control is a type of planning control, which protects buildings of special architectural

or historical interest. These controls are in addition to any planning regulations which would

normally apply. Listed building status can also result in the requirement for planning permission

where it wouldn’t ordinarily be required - for example, the erection of means of enclosure.

This special form of control is intended to prevent the unrestricted demolition, alteration or

extension of a listed building without the express consent of the local planning authority or the

Secretary of State.

The controls apply to any works for the demolition of a listed building, or for its alteration or

extension, which is likely to affect its character as a building of special architectural or historical

interest.

The control does not depend upon whether the proposed activity constitutes development under

Section 55 of the 1990 Act. It extends to any works for the demolition of a listed building or for its

alteration or extension in any manner likely to affect its character as a building of special

architectural or historical interest.

Section 7 of the Planning (Listed Building and Conservation Areas) Act 1990 (LBCA Act) provides

that, subject to the following provisions of the Act, no person shall execute or cause to be executed

any works for the demolition of a listed building or for its alteration or extension in any manner

which would affect its character as a building of special architectural or historic interest, unless the

works are authorised. (Section 9 of the 1990 Act provides that if a person contravenes Section 7

he/she shall be guilty of an offence.)

It is a criminal offence to carry out work which needs listed building consent without

obtaining it beforehand.

General Advice

It is not possible to make an application for “outline” listed building consent. Any

application must give sufficient detail; including a plan and other drawings necessary, to allow the

impact of the works on the building to be properly assessed. Planning Portal - Application Type Guidance V3.2

Section 16(1) of the LBCA Act 1990 provides that listed building consent may be granted subject to

conditions.

Section 17(1) provides that without prejudice to this general power, listed building consent may be

granted subject to conditions with respect to:

• preservation of particular features of the building, either as part of it or after it is removed

• making good of any damage caused to the building by the works after work is completed

• reconstruction of the building or any parts of it following the proposed works, using the

original materials as far as possible, and any alterations within the building as laid down in

the conditions

In addition, Section 17(3) provides that listed building consent for demolition of a listed building

may also be granted, subject to a condition that the building shall not be demolished before an

agreement outlining how the site will be redeveloped is made, and planning permission has been

granted for such a redevelopment, has been granted.

Section 8(3) of the LBCA Act 1990 enables an application for listed building consent to be made

after work to a listed building has taken place. However, work is only authorised from the actual

date the consent is given, so anyone carrying out the demolition of a listed building, or altering or

extending in a way which would affect its character prior to this can still be prosecuted.

Types of building works which would normally require listed building consent include:

• demolition of a listed building

• alteration or extension of a listed building in any manner (including internal) which would

affect its character as a building of special architectural or historic interest

It is important to note that the term ‘listed building’ includes:

• the building itself

• any object or structure fixed to it

• any object or structure that has been within the curtilage of the building since 1948

Planning permission may also be required for works involving the external alteration/extension of

the listed building, where works affect the character of the building. In this situation, the full

application or householder application and listed building consent should be submitted.

Why are buildings listed?

Buildings are listed to help protect the physical evidence of our past, including buildings, which are

valued and protected as a central part of our cultural heritage and our sense of identity. Historic

buildings also add to the quality of our lives, being an important aspect of the character and

appearance of our towns, villages and countryside.

What are the criteria for a building having listed status?

The Department of Culture Media and Sport (DCMS) uses the following criteria to decide which

buildings to include on the list of protected buildings:

• architectural interest: buildings of importance because of their design, decoration and

craftsmanship

• historic interest: buildings which illustrate an aspect of the nation's social, economic,

cultural or military history

• historic association: buildings that demonstrate close historical association with nationally

important people or events

• group value: buildings that form part of an architectural ensemble, such as squares,

terraces or model villages Planning Portal - Application Type Guidance V3.2

In broad terms, buildings that are eligible for listed status are as follows:

• all buildings built before 1700 that survive in anything like their original condition

• most buildings of 1700-1840, although selection is necessary

• between 1840 and 1914 only buildings of definite quality and character; the selection is

designed to include the major works of principal architects

• between 1914 and 1939 selected buildings of high quality or historic interest

• a limited number of outstanding buildings after 1939, but at least ten years old, and usually

more than 30 years old

Grades of listed buildings

Listed buildings are classified into grades as follows:

• Grade I - buildings of exceptional interest (approximately 2 per cent of all listed buildings)

• Grade II* - particularly important and more than special interest (approximately four per

cent)

• Grade II - buildings of special interest, warranting every effort being made to preserve them

(94 per cent)

How buildings are listed

Although the majority of listings have resulted from survey work conducted by English Heritage

(http://www.english-heritage.org.uk or its predecessors) on behalf of the Secretary of State, anyone

is allowed to request the listing of a building by contacting DCMS. When considering additions to the

list, the Secretary of State for Culture, Media and Sport (http://www.culture.gov.uk/default.htm)

receives guidance from English Heritage.

It is often helpful to seek 'pre-application advice' from the local authority to discuss the scheme prior to submitting an

application. Drawing and Planning often advocates at pre application meetings for various clients.