Retrospective Planning Permission

Is the need for retrospective planning permission due to a failure to obtain or comply with planning consent?

Not every application relates to a failure to obtain planning consent. In many cases,  permission is needed to rectify a failure to comply with the original planning consent, be it because the design has changed since the original determination date or that the relevant planning conditions haven’t been fully adhered to.

For example, applying for retrospective planning permission may be required where changes have occurred during the construction of a house extension, with different materials, window sizes or positions, different roof design or the house extension is slightly larger than originally granted.

Generally, we would expect it would take a similar amount of time to get retrospective approval as it would for the same application that was sought prior to any works being carried out, although this does depend upon the nature of the issues. As retrospective planning permission is sought this would usually indicate that the works or change of use has occurred and therefore it can often be trickier to negotiate changes to any scheme which may have an impact on such timeframes.

For minor applications, including householder applications, Local Planning Authorities usually have a target of 8 weeks to grant permission. For major application, these targets are extended to 13 weeks. In any case, an extension of time can be granted, to allow applicants of the LPA to provide more information or consider complex issues.

As above, action may be commenced or suggested by the Local Planning Authority where they become aware that works or changes of use have occurred without the necessary approvals.

There are also time limits, colloquially known as the 4-year rule or 10-year rule, meaning that retrospective planning permission may not be required if these time limits have been reached although clarification may be required. Further details on these aspects are below or please see information relating to Lawful Development Certificates here. Advice and confirmation should be sought from the Local Planning Authority accordingly.