When it comes to property development, securing the necessary permissions beforehand is crucial. However, there are times when work has already been completed without the proper approvals. This is where retrospective planning permission comes into play.
What is a Retrospective Planning Permission?
A retrospective planning permission is basically a way to ask the council for approval after a building or development has already been completed without the proper permission in place. If work has started or even finished without getting planning consent beforehand, this application offers a chance to make things right. However, it’s important to remember that approval isn’t always guaranteed, and there’s a risk the council could say no, which might lead to changes or even removal of the building. Don’t forget to check out our article, ‘What Is Retrospective Planning Permission?’ for more detailed information!
When Do You Need a Retrospective Planning Application?
If you’ve carried out work on your property or made changes without the necessary permissions, you might need a retrospective planning application. This applies whether the work was done by accident or on purpose. Applying retrospectively helps to ensure that everything is above board and complies with local planning rules.
Here are some common situations where a retrospective application might be necessary:
If you’ve built a new room, sunroom, or other type of extension without knowing that permission was required. If you’re looking for ways to build an extension without permission, be sure to check out our article, ‘Can You Build an Extension Without Permission?’
Converting a garage into a living area or changing a property’s use from residential to commercial might require retrospective approval, especially if it affects the property’s appearance or impacts the community.
Erecting a shed, summer house, or similar structure without prior approval falls into this category.
If your property is listed, any changes affecting its historical or architectural significance require retrospective permission if done without consent.
Even minor changes, like new fences, walls, or alterations to windows, might need planning permission, particularly in conservation areas or for listed buildings. Always consult your local planning authority before beginning any project. If changes have already been made, applying for retrospective planning permission is the appropriate way to resolve the issue. However, there’s no guarantee of approval, as the council will review your application as if it had been submitted before the work began. You may be required to make modifications or reverse some changes to meet planning regulations.
Why Don’t People Apply for Planning Permission First?
There are a few reasons why some homeowners dive into changes without first securing planning permission. Here’s why:
“I didn’t realise I needed it.”
Sometimes, people simply aren’t aware of the local planning rules. They might go ahead with their plans without realising they need to get permission from the local authority. If they’re not familiar with the regulations, applying for permission might not even be on their radar.
“The wait is too long.”
When homeowners are set to start a project, they often have their builder ready, financing secured, and a perfect time window in mind. The prospect of waiting up to 13 weeks for planning approval can be frustrating, especially when they’re eager to get going and don’t want to miss their chance.
“I hoped it would slip under the radar.”
If the changes are minor or not very noticeable, like converting a barn on private land, some might hope that no one will object. They might think they can avoid the hassle of permissions and deal with it later if any issues arise.
These insights can help explain why some people might skip the planning permission process initially.
How Does the Process Work?
Before diving in, feel free to take a look at our Retrospective Planning Application page to review some of our successfully completed projects. Homz UK team of architects and town planners are dealing with these types of planning applications day in and day out, if you need any assistance feel free to Contact Us and we’ll deal with this application on your behalf.
The process for obtaining retrospective planning permission is quite similar to a regular planning application, and having handled many such projects, we can guide you through a few key steps to watch out for:
To begin, prepare and submit a detailed application, which generally includes:
- Application Form: Complete the form from your local planning authority, providing key details about your property and the work that has been completed.
- Supporting Documents: Include relevant materials, such as photographs of the completed project, drawings or plans of the construction, and any other important documents.
- Description of the Work: Offer a clear explanation of the work already carried out, detailing the changes and why they should be approved.
- Fees: Pay the necessary fees, which may vary depending on the size of the project and the local authority’s fee structure.
Once submitted, the local planning authority will assess your application. They will evaluate:
- Impact on Surroundings: How the completed work affects neighbouring properties and the local environment.
- Compliance with Policies: Whether the development complies with local planning policies and national guidelines.
- Visual and Practical Considerations: Any concerns about the building’s appearance or functionality will also be reviewed.
Typically, there’s a public consultation period. During this time:
- Feedback Collection: Neighbours and other interested parties can provide their comments and concerns about the development.
- Consideration of Feedback: The planning authority will consider this feedback as part of their decision-making process.
After reviewing everything, the planning authority will make a decision:
- Approval: If your application is approved, the work will be officially recognised as lawful.
- Refusal: If the application is refused, you may face enforcement action. This could involve making alterations to the work or even removing it altogether.
Understanding these steps can help you prepare and navigate the retrospective planning process with more confidence. Always stay in touch with your local planning authority for updates and additional guidance.
Navigating the Risks and Avoiding Retrospective Applications
Retrospective planning applications can be a lifeline for those who have carried out work without prior permission, but they come with their own set of challenges. The council is not obligated to approve these applications, and if they’re refused, you might face enforcement notices. These notices are legally binding, and not complying with them could lead to further legal action and financial penalties.
In some cases, if your development fits well with existing planning policies and doesn’t significantly disrupt the local environment or community, the council might be more lenient. However, in areas with strict planning controls like conservation zones or Greenbelt land, getting retrospective approval can be particularly tough.
To steer clear of the need for a retrospective application, it’s crucial to secure all necessary permissions before starting your project. Consulting with a planning expert or architect early on can help you spot any potential issues and navigate the approval process smoothly.
What If My Retrospective Planning Application Is Refused?
If your retrospective planning application is turned down, you could face some serious challenges. The council might require you to undo the work you’ve done and return your property to its previous state. This can be not only frustrating but also costly.
Immediate Actions Required
If your retrospective application is refused, the council may issue an immediate stop work order. This means you’ll need to cease all construction or alteration activities related to the unauthorised work.
The council may require you to undo the changes that have been made. This could involve dismantling newly constructed elements, removing extensions, or restoring the property to its original condition.
If parts of the property have been demolished or altered as part of the unauthorised work, you might be ordered to reconstruct or reinstate these elements. This can be particularly costly and labour-intensive.
Legal and Administrative Steps
If you think the refusal was unfair or that your work adheres to regulations, you have the option to appeal the decision. The appeal process typically involves presenting detailed evidence and arguments to prove compliance or dispute the council’s conclusions.
Appealing can be intricate and may require professional advice or legal assistance. The result will depend on the details of your case and the robustness of your evidence.
Along with the refusal, the council may issue an enforcement notice, which legally requires you to comply with the order to revert changes or cease unauthorised activities. Failure to adhere to these notices can lead to further legal action, including fines or prosecution. If you have already received an enforcement notice or if you are curious about this matter, you can also check out our article titled ‘Received an Enforcement Notice From The Council, What Should I Do Now?’
Potential Financial Implications
Reverting the property to its previous state or making required changes can be costly. This includes demolition, reconstruction, and any associated labour and materials.
If you decide to appeal the decision, you might incur extra costs for legal advice and representation. These expenses can be substantial, depending on how complex your case is.
Understanding the Success Rate
Despite the potential challenges, retrospective planning applications have a high success rate. Approximately 88% of these applications are granted, particularly when the application is well-prepared and supported by strong documentation and expert advice.
Proper preparation and understanding of planning rules can make a substantial difference. Engaging with planning experts, ensuring compliance with all relevant regulations, and addressing any concerns proactively can enhance the likelihood of a successful application.
Why It’s Better to Get Planning Permission Before You Start Work
If you’re about to start work on your property, here’s a crucial tip: get your planning permission sorted out before you begin. Local planning authorities take unauthorised developments seriously and will look into any potential breaches. If you want to know more about planning permission, feel free to reach out to our team or check out our planning permission page.
Relying on retrospective planning permission, where you seek approval after the work is already done, can lead to a lot of stress. It’s not just about filling out forms and paying fees—if your application gets turned down, you might face enforcement notices requiring you to undo your changes, which can be costly and frustrating.
To avoid these headaches, always check if your project needs planning permission before you start. If your work falls under permitted development rights, make sure you meet all the conditions. To make sure you meet the requirements, you can check out our permitted development rights page.
If you’re unsure about what’s required, don’t hesitate to consult with an architect or planner. They can help you navigate the rules and ensure everything is in order from the start.
In short, trying to get permission after the fact is usually not worth the risk. While it might seem like a quick fix, it often involves additional costs and complications. By planning ahead and following the rules, you save yourself from potential legal and financial troubles. So, if you’re thinking about developing land, make sure to research the regulations and apply for permission beforehand for a smoother process.
Why Work With Homz?
If you find yourself in a situation where you’ve already made changes and need to apply retrospectively, remember that preparation and professional guidance are key. At Homz, we specialise in helping clients navigate the complexities of planning permissions, including retrospective applications. Our experienced team can provide tailored advice, prepare comprehensive applications, and offer support throughout the review process to increase your chances of a successful outcome.
Don’t hesitate to reach out if you need assistance. We’re here to help ensure your project aligns with local regulations and to simplify the planning process for you.
Contact us for personalised support and expert advice.
