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RETROSPECTIVE PLANNING PERMISSION
PLANNING ENFORCEMENT NOTICE
What is Retrospective Planning Consent? Do I Need Planning Permission?
If building works have been carried out without the necessary planning permission, a retrospective planning application must be submitted to regularise the unauthorised development. This type of application seeks permission for works that have already been completed, rather than those proposed for the future.
It is important to understand that applying retrospectively for planning permission is not a guaranteed route to approval. Local planning authorities are under no obligation to approve unlawful developments, and enforcement action such as an order to remove or undo the works may still be taken. Therefore, beginning work without the correct planning consent is always a significant risk.
At Drawing and Planning Services Ltd, we assist many homeowners, landlords, and property investors who find themselves in this situation, often prompted by a letter from their local council requesting a retrospective planning application. This can happen following a neighbour’s complaint, a property sale, or an inspection by the local authority.
The 10-Year Rule - (4 year rule no longer applies)
Until recently, certain breaches of planning control such as the unauthorised use of a building as a dwelling or carrying out operational development, could become immune from enforcement after four years. However, recent legislative changes have extended this period to ten years in most cases. This change does not apply to listed buildings, where any unauthorised works remain permanently liable to enforcement action.
Under the current rules, if unauthorised works or changes of use (excluding those involving listed buildings) have been in place continuously for ten years without enforcement by the local authority, they may now be considered lawful. In such cases, it may be possible to apply for a Certificate of Lawfulness rather than a full retrospective planning application, provided that strict evidence requirements are met, including dated documentation, photographs, sworn statements, and proof of continuous use.
If the breach occurred and was in continuous use for four years prior to the legislative change and you can provide sufficient evidence of this, it may still be considered lawful under the former 4-year rule.
These changes highlight the importance of addressing planning issues without delay.
Hoping that enforcement action won’t occur is now an even riskier and potentially costly approach.
Drawing and Planning is a leading architectural firm in London, specializing in creating innovative designs and providing sustainable planning solutions. Our team of experienced architects is dedicated to bringing your vision to life. We have successfully worked with councils such as Camden, Greenwich, Hackney, Hammersmith and Fulham, Islington, Kensington and Chelsea, Lambeth, Lewisham, Southwark, Tower Hamlets, Wandsworth, Westminster, Barking and Dagenham, Barnet, Bexley, Brent, Bromley, Croydon, Ealing, Enfield, Haringey, Harrow, Havering, Hillingdon, Hounslow, Kingston upon Thames, Merton, Newham, Redbridge, Richmond upon Thames, Sutton, Waltham Forest and City of London.