Retrospective planning permission
Planning permission is the legal process followed in order to decide whether proposed developments should be allowed to go ahead. Responsibility for planning permissions lies with local planning authorities (usually, the planning department of the district or borough council).
Other than permitted developments, (which are considered to have insignificant impact), all developments require planning permission.
It is possible to apply for retrospective planning permission after works have begun. The local planning authority will then consider the application in the same way that they would any other application. Retrospective permission may be granted, however, there is a very serious risk that permission will not be granted and then enforcement action may be taken. This could include modifying completed works, or returning the development to its previous ‘permitted’ state. Appeals can be made to the planning inspectorate.
Planning enforcement is the process of investigating and resolving possible breaches of planning law. Breaches might include:
- Not obtaining planning permission for works that require permission (including; listed buildings, satellite dishes, advertisements, protected trees and so on).
- Not carrying out works in accordance with a permission.
- Not complying with planning conditions or other limitations.
- Changing the use of a site or buildings without obtaining planning permission where planning permission is required.
Local planning authorities have discretionary power to investigate and enforce these breaches using whatever enforcement action may be necessary in the public interest. One possible enforcement action is to ask the party in breach to make a retrospective planning application if they have not already done so. However, permission may still then be refused.
On 6 April 2012, the Localism Act 2011 made changes to planning enforcement to tackle abuse of retrospective planning applications:
- Planning authorities can decline to determine retrospective applications after an enforcement notice has been issued.
- Limits have been introduced to the right of appeal against an enforcement notice after a retrospective planning application has been submitted, but before the time for making a decision has expired.
- Limiting appeals on technical grounds resulting in the granting of planning consent.
[edit] Find out more
[edit] Related articles on Designing Buildings Wiki
- Avoiding planning permission pitfalls.
- Listed buildings.
- Localism Act.
- National Planning Policy Framework.
- National Planning Practice Guidance.
- Permitted development.
- Planning appeal.
- Planning authority.
- Planning conditions.
- Planning enforcement.
- Planning obligations.
- Planning permission.
- Regularisation.
[edit] External references.
- House of Commons Library, Enforcement of Planning Law. 16 July 2013.
Featured articles and news
ECA Industry Awards 2024 shortlist revealed
22 leading businesses from across the electrotechnical and engineering services sector.
Government unveils Skills England strategy
Skills England to transform opportunities and drive growth.
New Government Hub for York Given Planning Green Light
For up to 2,600 civil servants, due for completion by 2028.
Construction Skills Certification Scheme cards
July update on Professionally Qualified and Academically Qualified Person Cards.
BSRIA Briefing 2024, November 22
Sustainable Futures: Redefining Retrofit for Net Zero Living.
The CLC on driving competency in the retrofit sector
Previously published roadmap on skills for net zero.
The first labour government King's speech in fifteen years
Construction industry reactions, support and some concern.
CIOB Retrofit of Buildings Technical Information Sheet
What retrofit is, the approach to be taken and processes to be followed.
Adapting Historic Buildings for Energy and Carbon Efficiency
Historic England advice note 18, free download published.
10 retrofit projects revisited 10 years after completion.
Information orders, building liability orders and SPVs
Key BSA terms and how they impact special purpose vehicles.
Listed despite problems with its design.
Zen and the art of cycling exploration.
Design Council Homes Taskforce launched
To support government 1.5 million homes target within UK climate commitments.