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Retrospective Planning Permission

What is Retrospective Planning Permission?

Put simply, retrospective planning permission is a form of planning permission that is required if you have gone ahead with some building work without obtaining the necessary planning permission beforehand.

Looking at the high-profile case of Clarksons Farm – Planning Issues, Jeremy Clarkson had a retrospective planning application turned down. The application was related to the roofing materials used on the Farm Shop that he’d gone ahead and built. In that instance, the local authority required a more inkeeping material to be used for the roof.

Eventually, the situation was rectified, however, it’s a goof example of what retrospective planning permission is.

The fact that a retrospective planning application goes in after the building work has been carried out will have no effect on the decision.

The local authority will treat it in the same way it would have if the planning application had been made before the work had commenced.

If you decide to go ahead with a build without obtaining planning permission, you need to be aware that you are taking a big risk.

Commencing work without the required planning permission can result in legal action being taken against you.

When You May Require Retrospective Planning Permission

There could be a variety of reasons that you did not obtain the planning permission before carrying out the work –

It’s possible that you didn’t think planning permission was required for the build in question
Perhaps you have changed the use of a property
Perhaps there was a time constraint that meant you just had to hit the button and go ahead with the build without the required permission

Regardless of the reason you must rectify the situation by obtaining the correct planning permission.

Of course, you can contact Simple Planning Solutions to assist with this task.

10 and 4 Year Rules

The 10 and 4-year rule refers to a period after which certain unauthorised developments or changes of use of land or buildings in the UK may become lawful, provided that the local planning authority has not taken enforcement action within that time and certain criteria have not been breached.

10-year rule: This rule applies to most types of unauthorised development, including commercial developments and changes of use of buildings. If a development has been in place for 10 years without the local planning authority taking enforcement action,

The 4-year rule: This rule used to apply specifically to unauthorised residential developments, such as converting a property into a dwelling house. However, this rule was abolished on 25th April 2024, and all unauthorised developments are now subject to the 10-year rule.

What the Government Says:

In most cases, development becomes immune from enforcement if no action is taken:

within 10 years of substantial completion for a breach of planning control consisting of operational development where substantial completion took place on or after 25 April 2024

within 10 years for an unauthorised change of use to a single dwellinghouse where the change of use took place on or after 25 April 2024

within 4 years of substantial completion for a breach of planning control consisting of operational development where substantial completion took place before 25 April 2024;

within 4 years for an unauthorised change of use to a single dwellinghouse where the change of use took place before 25 April 2024

within 10 years for any other breach of planning control (essentially other changes of use)

https://www.gov.uk/guidance/ensuring-effective-enforcement

It’s important to note that Listed Buildings are exempt from the 10 / 4 year rules.

Retrospective Planning Permission Cases

If you have a retrospective planning permission case you require assistance with, Simple Planning Solutions can help you by preparing a strong application.

It goes without saying that obtaining retrospective planning permission for building work already undertaken is vitally important, and getting the application right can save you from the possible threat of an enforcement notice.

Retrospective applications that are refused can be appealed in the same way that a standard application can be.

The best advice would always be to obtain planning permission prior to commencing work.

For assistance with all types of planning permissions and even a Free Planning Assessment contact Simple Planning Solutions today.

Michelle Hill MRTPI

As a leading planning consultant I can help with the topics covered in this post. Contact me and I can find you a solution to your planning problem.

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