Retrospective Planning Permission

1. Retrospective Planning Permission

Retrospective planning permission will be required if works are completed without first securing the proper planning approval. If the local planning authority determines that planning permission was required an enforcement and or penalties may be issued. If planning permission cannot be secured retrospectively you will need to demolish the development and put it back to its original state.

Submitting an application for retrospective planning permission is often significantly more expensive and stressful than applying for the correct planning permission in advance rather than retrospectively. In some cases where it may have been possible to apply for a certificate if lawfulness or prior approval, retrospectively applying may mean a full householder planning application is required which could increase the costs and decrease the chance of approval.

Studio Charrette receives a lot of enquiries from customers frantically looking for help having received an enforcement or letter from their local planning authority instructing them to apply for planning permission retrospectively. In most cases our customers have read the planning portal or spoken to a builder and thought their development would fall within the permitted development therefore would not require planning permission.

Unfortunately, the laws for planning permission are often much more complicated than people may think, there are many hidden constraints that limit or remove permitted development rights. However well-intentioned or how small the margin, if the planning authority determines there has been a breach, then a retrospective planning application will be required.

The good news is that our expert planning consultants can help! By carrying out a planning appraisal we can advise you on the feasibility, process, timescales, likelihood of success and answer any other questions that you have. Once we know exactly what is required for your project, we will provide you an accurate quote for us to help you.

Important: There is no retrospective planning approval for unauthorised works carried out on a listed building as this is a criminal offence. If this applies to you then we recommend you contact us immediately so that we can advise and help you resolve this as a matter of urgency. 

2. Potential Constraints

With any development there are always potential planning constraints which are often hidden that can make the simplest of projects into a very complex planning application. 

For every type of development there are certain design criteria that must be met in addition to meeting all of the necessary planning policies, which vary between every local planning authority. For example, garage conversion is something that could potentially be built under permitted development, however if it doesn’t meet even one of the design or planning criteria then full planning permission would be required.

In addition to this, there are many hidden constraints such as article 4 direction, section 106, conservation areas and even just living under a flight path can remove your permitted development rights meaning everything needs full planning approval. This can literally mean there could be two houses in the same town doing the exact same development and one could be built under permitted development while the other needs full planning permission.

In addition, specialist reports may also need to be submitted with all the usual supporting evidence and drawings. Examples of these include heritage statements, flood risk assessment, transport survey, wildlife reports and many others.

If the building is listed in addition to securing planning approval you will also require listed building consent and building regulations approval before work can commence. Carrying out any works on a listed building without the necessary approvals is a criminal offence.  

3. Do you need retrospective planning permission?

To find out what would be required for your project you have a couple of options. You could submit a formal pre-application to your planning authority with the designs and project brief which your planning authority will respond to indicating what “might be required”. Ultimately the final design and application will determine their decision so the pre-app still does not give you a definitive answer. The process takes 8 weeks and can cost hundreds of pounds excluding any architectural designs.

Alternatively, Studio Charrette who are a partner of the government’s planning portal can conduct a planning appraisal. This involves a chartered planning consultant researching the project to check the relevant planning and design policies, they also check the planning history and look for any hidden constraints. This takes about an hour at which point they can call to advise what would be required and answer any questions. Subsequently we forward the advice in writing.

There are never any guarantees with planning permission or permitted development, because ultimately only your planning authority can make the legal determination. However, with a planning appraisal we can let you know whether your proposal would be feasible, assuming it is what the best route forward would be and the likelihood of success. As part of the planning appraisal, we can also advise you on building regulations, structural engineering calculations and construction.

Assuming the planning appraisal is positive we can then provide a quote for any services you want help with including architectural design, planning permission, building regulations and construction. Should you decide to instruct Studio Charrette can take care of everything for you from start to finish.

If you have any questions or would like to arrange a planning appraisal for your project, contact us today and a member of our team will contact you shortly.

4. How to apply for retrospective planning permission?

Every application requires a variety of supporting evidence to justify why it should be approved, architectural drawings, maps, block plans and of course the correct application to be completed. 

Once an application is submitted the planning authority first needs to validate it. They then have up to 8 weeks to process the application and reach a decision. It is however common for planning authorities to request additional information or minor design alterations which can delay the process further. 

For this reason, it is recommended that you allow as much time as possible to receive the decision, at least 3 months and up to 12 months ahead is ideal. Once planning is approved you generally have 3 years to start work and 5 years to complete the work.

In theory anyone can submit an application although other than industry professionals those who try are often rejected unnecessarily due to missing information or mistakes.  Even architects are generally only qualified in design but not planning so, while they can draw anything this does not mean that it meets all of the necessary planning criteria. In fact, lots of clients come to us having been rejected with an architect because the application did not meet the necessary planning criteria. 

At Studio Charrette, we have a team of inhouse architects and planners who work together on every application. This ensures the design meets both our client’s expectation and also the expectations of the planning authority to give every application the best chance of success. 

5. Price Match Guarantee

We fully appreciate any unexpected cost is going to be unwelcome, but you will be pleased to know our prices are so competitive, we offer a price match guarantee and in most cases the planning costs are insignificant compared to the development.

If there is a way to help you achieve a positive outcome our chartered planning consultants will give you the best chance of success. Equally if we think it simply isn’t feasible, while it may be bad news, we are obliged to give you frank and honest professional advice.

6. Choose Studio Charrette!

If you choose to instruct Studio Charrette, we will take care of everything for you from this point including preparing all the necessary supporting evidence, architectural drawings, submitting and managing your application throughout the entire process.

We will keep you updated from start to finish until we receive a decision, which thanks to our planning appraisals is usually positive.