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Retrospective Planning Permission

Retrospective Planning Permission

Are you worried about building work you've already done on your property? Maybe you've added an extension, converted a loft, or put up a new fence, only to find out you needed planning permission after the fact.

Lots of people find themselves in this tricky situation where retrospective planning permission is necessary. We're here to help you sort it out quickly and affordably.

• What is retrospective planning permission?

• How do I know if I need retrospective planning permission?

• What are the risks of not getting retrospective planning permission?

• How can I apply for retrospective planning permission?

• What documents do I need to submit with my application for retrospective planning permission?

• How long does it take to get retrospective planning permission?

• How much does it cost to apply for retrospective planning permission?

• What happens if my retrospective planning permission application is refused?

• Can I continue using my property or building if retrospective planning permission is refused?

• What are my options if I receive an enforcement notice?

• How can I appeal a decision to refuse retrospective planning permission?

• What are the common reasons for refusing retrospective planning permission?

• How can a solicitor help me with my retrospective planning permission application?

• Can I sell a property that has unauthorised developments without retrospective planning permission?

At Lawhive, we make legal services easy to access without the price tag of traditional law firms. Our network of experienced property lawyers is on hand to guide you through the whole process of retrospective planning permission, from assessing your situation to dealing with the council.

To find out more, schedule your free case evaluation today. Our legal assessment specialist will review your case and provide a no-obligation quote for the services of a specialist retrospective planning permission lawyer.

What is retrospective planning permission?

Usually, you need to get planning permission before you start any major building work on a property. But sometimes, people only realise they need it once the work is done.

If this happens, you can apply for retrospective planning permission. This means you ask the council to approve the work you've already completed. If they say yes, you can keep the changes without any issues. If they say no, you might need to undo the work or make changes.

In a perfect world, it's always best to get planning permission before starting any major building work. But, if you're already in this situation, applying for retrospective planning permission can help you fix things.

How do I know if I need retrospective planning permission?

To know if you need retrospective planning permission, ask yourself these questions:

1. Have you done any building work?

2. Did you check if you needed planning permission before you started?

3. Have you received a notice from the council?

4. Do your changes fit within permitted development rules?

If you're unsure, it's best to contact your local council. They can help you figure out if you need to apply for retrospective planning permission to avoid any fines or having to undo the work.

What are the risks of not getting retrospective planning permission?

If you don't get retrospective planning permission, the council can issue an enforcement notice ordering you to make changes, remove the work you've done, or impose fines.

Other risks include difficulty selling your property in the future, as buyers might be hesitant to commit if the work done doesn't have the proper approvals.

How can I apply for retrospective planning permission?

To apply for retrospective planning permission you should:

1. Contact your local council;

2. Fill out a planning permission application form;

3. Include supporting documents like plans, drawings, and photos of the work you've completed;

4. Pay the fee;

5. Wait for a decision.

The council will review your application and let you know if they approve or if any changes are needed.

It's important to be honest and detailed about the work you've done when filling out the application form to avoid potential issues in the future.

What documents do I need to submit with my application for retrospective planning permission?

When applying for retrospective planning permission, you need to submit supporting documents with your application to help the council understand what you've done.

Typically this includes:

• A detailed map showing your property and the location of the work done;

• Drawings or plans showing what the property looked like before and after the work;

• A document explaining the design and why the changes were made;

• Photos of the completed work and the surrounding area.

This list isn't exhaustive, however, and you may have other supporting documents you wish to supply, such as structural reports or heritage statements.

If you're applying for retrospective planning permission, you should check with your local council for any specific requirements they have regarding supporting documentation.

How long does it take to get retrospective planning permission?

The retrospective planning permission process takes about 8 to 12 weeks from the time you submit your application.

Sometimes, the retrospective planning permission process can take longer if there are complications or additional information is needed.

How much does it cost to apply for retrospective planning permission?

For householder applications involving extensions, alterations, or other work on a single dwelling, the fee is typically around £206.

For changes of use or larger prices, the fee can be higher. For example, the fee for changing the use of a building or land is usually around £462.

Having said that, the cost of applying for retrospective planning permission can vary depending on the type of work and location of your property. Furthermore, if your property is a listed building or in a conversation area, there might be additional considerations and potential costs.

Therefore, it's always best to check with your local council for the exact fee for your specific application. They will provide the most accurate and up-to-date information.

Are there any other costs associated with applying for retrospective planning permission?

There can be additional costs associated with applying for retrospective planning permission beyond the application fee, including:

• Professional fees for architects, surveyors, or planning consultants;

• Additional fees for submitting a new application or revised plans if your initial application is rejected;

• Fees associated with getting building regulation approval (if applicable);

• Legal and professional fees in preparing and presenting your appeal if the council issues an enforcement notice;

• Cost of potential remedial work if retrospective planning permission is not granted.

What happens if my retrospective planning permission application is refused?

If your retrospective planning permission is refused, you may have a few options to consider:

Appeal the decision

Appealing the council's decision involves submitting an appeal to the Planning Inspectorate, explaining why you believe the decision was wrong.

Modify and reapply

You can make changes to your project to address the council's concerns and then submit a new planning application.

Remove or alter the work

If the refusal is upheld and you can't successfully appeal or modify your application, you might need to remove or alter the unauthorised work to comply with planning regulations.

If your application for retrospective planning permission is refused, it's important to act quickly and seek professional advice.

At Lawhive, our network of property lawyers is on hand to help you understand your options and guide you through the next steps, whether that's appealing the decision or ensuring compliance with planning regulations.

Contact us for a free case evaluation and no-obligation quotes for the services of a specialist lawyer.

Can I continue using my property or building if retrospective planning permission is refused?

If the council issues an enforcement notice, you are required to undo the unauthorised work or make necessary changes to comply with planning regulations.

Ignoring this notice can lead to fines or court action.

In some cases, the council may allow temporary use of the unauthorised work while you address their concerns, but this is rare and usually only granted under specific circumstances.

What are my options if I receive an enforcement notice?

If you receive an enforcement notice you can:

1. Comply with the notice by undoing the work or making required changes;

2. Submit an appeal within the timeframe specified (usually 28 days);

3. Apply for retrospective planning permission if you haven't already done so;

4. Negotiate with the council to find a compromise.

We understand that receiving an enforcement notice can be stressful, but it's important to act promptly to avoid further action and penalties.

At Lawhive, our property experts can help you take the right steps to address an enforcement notice.

Schedule a free case evaluation today to find out more.

How can I appeal a decision to refuse retrospective planning permission?

If your retrospective planning permission application has been refused, you have the right to appeal the decision.

Appeals must usually be submitted within 12 weeks of the decision notice for householder applications, or 6 months for other types of applications. But you should check your refusal notice to be sure of the timelines specific to you.

Here's a step-by-step guide on how to appeal:

1. Identify grounds for appeal

The refusal notice from the council will explain why your application was denied.

You should carefully read this and determine if you have valid grounds for an appeal, such as a mistake in the council's assessment or new evidence that supports your case.

2. Prepare your appeal

Collect all relevant documents, photographs, plans, and any other evidence that supports your appeal. Specifically, you should aim to address the reasons for refusal mentioned in the notice.

At this point in the process, you might consider seeking professional advice from a planning consultant or property lawyer to strengthen your appeal.

3. Submit your appeal

Go to the Planning Inspectorate's website and complete the appeal form for planning applications.

Be sure to attach all of your supporting documents, including your original application and the council's decision notice.

There might also be a fee for submitting an appeal, which will be payable at this point.

The appeal process can take several months and an inspector might visit your property as part of the appeal. You will be notified in writing of the outcome.

What are the common reasons for refusing retrospective planning permission?

Retrospective planning permission might be refused because of:

• Non-compliance with planning policies;

• Impact on neighbours such as loss of privacy, overshadowing, or increased noise or disturbance;

• Visual impact on the environment or harm to green spaces;

• Issues with design and appearance (i.e. the design is out of character with the surrounding area or of poor quality);

• Traffic and access problems;

• Impact on heritage assets such as listed buildings or conservation areas;

• Inadequate infrastructure to support the development;

• Flood risks;

• Health and safety concerns.

How can a solicitor help me with my retrospective planning permission application?

Expert advice

A solicitor can explain the planning laws and regulations relevant to your case. They can also assess the likelihood of your application being approved based on local planning policies and past decisions.

Preparing your application

A solicitor can help you gather and prepare all necessary documents and assist with filling out application forms correctly to avoid common mistakes that could lead to delays or refusals.

Legal representation

If your application is refused, a solicitor can represent you in an appeal, preparing the necessary documents and presenting a strong case to the Planning Inspectorate.

Further, if you face enforcement action, a solicitor can defend your case and work to find a resolution.

Can I sell a property that has unauthorised developments without retrospective planning permission?

You can sell a property with unauthorised developments but you are legally required to disclose them to potential buyers in the Property Information Form (TA6).

You may find that unauthorised developments impact the sale of the property as buyers may worry about potential legal and financial implications and lenders may be reluctant to provide a mortgage on the property.

Applying for and getting retrospective planning permission before selling can make the property more attractive to buyers and may help achieve a better sale price.

Get expert legal help with retrospective planning permission

If you've already done work on your property and found out you need planning permission after the fact, or you've inherited a property that requires retrospective planning permission, we're here to help.

Our network of experienced property lawyers will guide you through every step of the process, from assessing your situation to dealing with the council, and even representing you in appeals if necessary.

Don't let the stress of unauthorised developments overwhelm you. Schedule a free case evaluation with our Legal Assessment Specialist today.

Our team will review your case and provide a no-obligation quote for the services of an expert lawyer.