As discussed in our earlier article on planning enforcement, carrying out development without the required permissions can lead to enforcement action. Planning rules and permitted development rights can be complex, and the system is continually evolving, so it is understandable that homeowners and property owners may sometimes be unsure about whether permission is required. A retrospective application can therefore provide an option where work has already been carried out because the planning requirements were misunderstood or overlooked.
What is a retrospective application?
A retrospective application is considered in broadly the same way as an application made before development takes place. The Council will assess the development against relevant planning policies and other material considerations, and there is no guarantee that retrospective permission will be granted. The fact that the development has already been completed does not mean that it will automatically be accepted.
It is important to remember that applying retrospectively can carry additional risks. If the Council considers that the development is unacceptable and permission is refused, enforcement action may follow. In some circumstances, this could ultimately require alterations to, or the removal of the development.
For this reason, we would always recommend checking whether planning permission is required before starting any work. Where development has already taken place, obtaining early professional advice can help establish the available options, including whether a retrospective application is appropriate or whether another route may be available.
How can Warner Planning help?
If you are unsure whether planning permission was required for work that has already been carried out, we can review the circumstances and advise you on the most appropriate next steps.
Having a consultant involved in your project, is a great way to reduce the risk of errors and it can drastically speed up the timeline for achieving planning permission.
If you think you need support with your project, we’d be happy to help.
You can contact us directly via the details below, or if you would prefer, you can fill in the form below and one of the team will be in touch.
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