Everything you need to know about applying for retrospective planning
Have you made changes to your home, added in an extra wall, or made extensive additions to your property without telling anyone? Well, you might be surprised to learn that you might not be the only one.
In fact, it’s thought that thousands of people each year make changes that require planning permission without actually applying for it in the first place.
There are many reasons why this might happen, be it pure laziness, a lack of awareness of the rules, or simply just to save time and costs, but it can lead to serious legal action if it’s discovered that you acted without planning permission.
Luckily though, you can apply for retrospective planning permission. We asked our expert team at AC Design Solutions to explain more!
What is retrospective planning?
If you’re making extensive changes to a property, you are ordinarily required by law to have obtained planning permission for those changes. This is done through your local council and planning department, and in most instances, planning permission is obtained before the work is carried out.
In some situations, this doesn’t happen though, and work might have already been initiated or even completed with no planning permission. In these circumstances, you can apply for retrospective planning, and if successful, you are given permission to essentially keep the changes you have made.
Why would I not apply for planning permission?
As you can imagine, retrospective planning carries with it more risk than applying for standard planning permission before you start any construction work. Why then, would you find yourself in such a situation?
Tens of thousands of applications are submitted each year for retrospective planning permission, so clearly there are reasons for the process.
One of the primary reasons is simply not looking at the rules clearly enough. Planning permission can be a vague concept. Some changes need it, and some don’t. If you’re refurbishing a living room or kitchen, the chances are that you don’t need planning permission. If you’re building a conservatory or extension, you might, but if you’re redesigning an existing extension, you might not.
One of the primary reasons is simply not looking at the rules clearly enough. Planning permission can be a vague concept. Some changes need it, and some don’t. If you’re refurbishing a living room or kitchen, the chances are that you don’t need planning permission. If you’re building a conservatory or extension, you might, but if you’re redesigning an existing extension, you might not.
If you realise after construction that actually, you might need planning permission, then retrospective planning allows you to still keep things legal.
In other cases, planning permission might be slowing down a project, and if the parties involved are confident that they will receive permission, then they can begin work and apply later. This can then speed up construction, saving time and money.
In extreme cases, a person could even be trying to hide the work they’ve done as they deliberately avoid obtaining planning permission to save money, or because they don’t agree with the laws.
Technically, if the local council doesn’t notice the building changes, then after 4 years they aren’t required to ask you for permission. This is a risky, grey area, however.
How do I apply for retrospective planning permission?
You only have one opportunity to apply for retrospective planning permission, and if it’s refused, then it’s refused. You apply for retrospective planning in much the same way you apply for standard planning permission, and it’s always good to have expert knowledge and guidance on your side.
Applications have to be lodged with the local planning department, and they can take up to 8 weeks to be processed. Within these 8 weeks, you might be approached by the planning officers looking for further information or clarification. They will likely want to see the works as well.
You will need plenty of details, and be clear in your statements as to why you made the changes and how. It’s good to have detailed plans available, so they can check everything meets the rules and regulations, otherwise, your application could be held up.
Don’t just cover up the work!
Importantly, you need to be aware that you can’t just cover up the work that you’ve done. While this might seem like an easy way out of the legal intricacies of applying for planning permission, it’s not a wise course of action.
Inspectors are allowed to check if they believe building work has taken place, and if you are trying to avoid inspectors seeing your development, this can be deemed a criminal offence, with heavy penalties.
Even if your development isn’t noticed by the local council within the specified time frame, if they see that you’ve actually gone out of your way to hide it from view, then you can be asked to not only remove the development and return it to ‘normal’, but you could be in real trouble too.
What happens if permission is refused?
With most local councils, you can only apply for retrospective planning permission once. That gives you one chance to get your documents and arguments in order, and to present all the paperwork to the local planning department.
Get it wrong, and that’s it, which is why it’s so important to consult professionals and experts like AC Design Solutions, who have been through the process on countless occasions.
Retrospective planning permission applications have a relatively high rate of rejection, which makes it all the more necessary to seek expert advice. If your application is refused, then you are legally required to return your property to how it was before you undertook the work.
If a lot of work has been carried out, then you could incur just as much cost returning it to ‘normality’ as you did making the changes in the first instance. If you fail to comply with the requirements of the council, then they can also enforce their orders, or take further legal action. You can take the council to court and appeal the decision, but this is going to be a long and costly process and one that’s best avoided.
As you can see, getting retrospective planning wrong isn’t something you want to happen!
AC Design Solutions offers a friendly, expert service that can meet all your retrospective planning permission needs. Our professional team are on hand to help you out today, so contact us to find out