Retrospective planning refers broadly to the process of addressing development that has already taken place without the planning permission that may have been required.
Planning problems can arise for homeowners, landlords and developers for a variety of reasons. An extension may have been built without permission, a property may have changed use, or alterations may have been completed by a previous owner. In some cases, the issue is discovered years after the work was completed. It may come to light when a property is sold, when a solicitor requests planning documentation, when a new development is proposed or when the local planning authority raises concerns.
Retrospective planning can provide a route for addressing some unauthorised development. However, it is important to establish the property’s planning position before assuming that a retrospective application is necessary. Some development may benefit from permitted development rights. In other circumstances, a Lawful Development Certificate may provide an appropriate route. Studio Charrette can assess your situation and help determine the appropriate planning strategy.
What Does Retrospective Planning Mean?
Retrospective planning relates to planning matters considered after development has already taken place. A retrospective planning application is assessed in broadly the same planning context as an application made before development, although the circumstances can create additional considerations. A retrospective application may relate to:
- House extensions.
- Loft conversions.
- Outbuildings.
- Changes of use.
- Commercial alterations.
- New structures.
- External alterations.
- Other unauthorised development.
The important point is that planning permission is not automatically granted because the development already exists. The local planning authority can still assess whether the development is acceptable.
When Might Retrospective Planning Be Necessary?
Retrospective planning may be necessary where development has taken place without the required planning permission. For example, a homeowner may have constructed an extension believing it was permitted development but later discover that it exceeded the relevant limitations. A property owner may also have changed the use of a building without realising that planning permission was necessary.
However, the absence of a planning application does not automatically prove that development is unlawful. Before submitting an application, the planning position should be established.
Retrospective Planning for House Extensions
House extensions are a common area where retrospective planning issues can arise. Some extensions qualify for permitted development if they satisfy the applicable conditions and limitations. Where those requirements have not been met, planning permission may be required. The local authority may consider:
- The size of the extension.
- Its height.
- Its location.
- Its design.
- The relationship with neighbouring properties.
- The effect on residential amenity.
- The character of the area.
Accurate architectural drawings can help demonstrate the existing extension and allow the authority to assess it properly. Studio Charrette provides architectural design services that can support planning applications and existing development projects.
Retrospective Planning for Changes of Use
Changes of use can also create planning problems. A building may be used differently from its lawful planning use, and the new use may require planning permission. The planning implications then depend on the existing use, proposed use and relevant planning legislation. Potential considerations can include:
- Parking.
- Highway impact.
- Noise.
- Residential amenity.
- Traffic.
- Local character.
- Environmental effects.
Studio Charrette can support clients with proposed and existing changes of use through its planning services.
Retrospective Planning and Permitted Development
Permitted development rights allow certain forms of development to take place without a conventional planning application. However, the development must comply with the relevant conditions and limitations.
The Planning Portal and GOV.UK guidance confirm that permitted development rights can apply to specified types of development, while some rights require additional procedures such as prior approval. This distinction is important when dealing with existing development. If the development was lawful under permitted development rights, retrospective planning permission may not be necessary. Instead, depending on the circumstances, evidence of lawfulness may be established through a Lawful Development Certificate. The appropriate route should be assessed based on the individual circumstances.
Retrospective Planning and Enforcement
Retrospective planning can become more urgent where the local planning authority has taken enforcement action. An enforcement notice can require specific action and may include important deadlines.
GOV.UK guidance confirms that a local planning authority may invite a retrospective application through an enforcement warning notice. It also explains that there are circumstances in which an authority can decline to determine a retrospective application following the issue of an enforcement notice. This means that enforcement correspondence should not be ignored. If an enforcement notice has been received, the planning position should be reviewed promptly. A retrospective application does not automatically cancel an enforcement notice. The enforcement and planning strategies need to be considered together.
Retrospective Planning Process
1. Establish What Has Been Done
The first step is to identify exactly what development has taken place. This may include taking measurements, reviewing photographs and establishing when the work was completed.
2. Review Planning History
The property’s planning history should be checked for previous applications, permissions, refusals and conditions.
3. Establish Whether Permission Was Required
The development should be assessed against relevant permitted development rights and other planning rules. This can determine whether retrospective planning permission is necessary.
4. Identify Planning Constraints
Relevant constraints may include:
- Conservation areas.
- Listed buildings.
- Article 4 Directions.
- Green Belt.
- Heritage considerations.
- Highway matters.
- Previous conditions.
5. Prepare Architectural Drawings
Drawings should accurately represent the existing development. Depending on the project, these may include floor plans, elevations, site plans and location plans.
6. Prepare Supporting Information
A planning statement or other supporting documents may be necessary depending on the proposal.
7. Submit the Application
Where retrospective planning permission is the appropriate route, the application can be submitted to the local planning authority.
8. Respond to Planning Issues
If concerns are raised, further information or amendments may be considered where appropriate.
9. Receive the Decision
The application may be approved, approved subject to conditions or refused.
What Can Affect Retrospective Planning Approval?
Impact on Neighbours
The authority may consider overlooking, privacy, overshadowing, loss of daylight and other effects on neighbouring properties.
Design and Character
The appearance of existing development may be assessed against the character of the property and surrounding area.
Planning Policy
Relevant development plan policies and material considerations will influence the assessment.
Highways
Changes to access, parking or traffic can be relevant.
Heritage
Additional considerations may apply to listed buildings and conservation areas.
Can Retrospective Planning Be Refused?
Yes. Retrospective planning permission is not guaranteed. The local planning authority assesses the development on its planning merits and can refuse permission if it considers the development unacceptable. The reasons for refusal are important because they can influence what happens next. Depending on the circumstances, possible options may include:
- Altering the development.
- Submitting a revised application.
- Appealing the decision.
- Removing unauthorised elements.
- Considering another planning route.
Professional planning advice can help establish the most appropriate response.
Retrospective Planning and Property Sales
Planning issues can become particularly important during a property sale. A buyer, solicitor or lender may ask for evidence that alterations or changes of use have the necessary planning status. Where there is uncertainty, resolving the issue before completion can help reduce potential delays. However, the correct solution depends on the circumstances.
Retrospective planning permission may be appropriate in one case, while a Lawful Development Certificate or evidence of an existing planning permission may be more appropriate in another.
Why Professional Support Matters
Retrospective planning can be more complicated than it first appears. The development already exists, which can make design changes more difficult than they would have been before construction. A professional assessment can help establish the planning history, identify potential constraints and determine the most appropriate route. It can also help ensure that drawings and supporting documents accurately represent the development.
Why Choose Studio Charrette for Retrospective Planning?
Studio Charrette combines planning and architectural expertise to support clients dealing with existing development. Our services include:
- Retrospective planning.
- Retrospective planning applications.
- Planning Permission.
- Planning appraisals.
- Architectural design.
- Planning Statements.
- Planning appeals.
- Planning enforcement support.
- Building Control.
- Structural drafting.
- Change of Use Planning Permission.
This integrated approach allows planning and architectural considerations to be addressed together.
Resolve Existing Planning Issues with the Right Strategy
Retrospective planning can provide a route for addressing unauthorised development, but the correct approach depends on the individual circumstances. Before making an application, it is important to establish whether planning permission was required and whether another route may be available. A thorough assessment can help clarify the property’s planning status and identify the most appropriate next step. Studio Charrette can support you with planning advice, architectural drawings and the preparation of relevant applications.
Dealing with unauthorised development? Contact Studio Charrette to discuss your retrospective planning requirements with our planning and architectural team.
Frequently Asked Questions
What is retrospective planning?
Retrospective planning refers to dealing with planning issues after development has already taken place.
Can I apply for retrospective planning permission?
Yes, where development has taken place without required planning permission, a retrospective application may be appropriate.
Is retrospective planning permission guaranteed?
No. The local planning authority can refuse a retrospective application.
Can retrospective planning apply to a house extension?
Yes. Extensions that have been constructed without required planning permission can potentially be addressed through a retrospective application.
Can I get retrospective prior approval?
No. Prior approval must be obtained before development begins where the relevant permitted development right requires it.
What if I have received an enforcement notice?
You should review the notice carefully and obtain professional planning advice promptly. The planning application and enforcement position may need to be considered together.
Can Studio Charrette help with retrospective planning?
Yes. Studio Charrette can assess your planning position, prepare architectural drawings and provide support with retrospective planning applications and related planning matters.
