Retrospective planning
expertly handled.
Welcome to Planning World, we are the “One Stop Shop” for every type of Retrospective Planning Permission Application, and Retrospective works to a Listed building, or Building Regulations Approvals, and Much More.
No matter where you are in the design or planning stage, we can help you achieve your goals.
Retrospective consents.
What is retrospective planning?
If you have made a change to your property that requires planning permission and you have not had approval, a local authority can request that you submit a retrospective planning application for the work that you have already carried out. The local authority will make the request to the owner or occupier of the land concerned.
Although a local authority may ask for a planning application to be submitted, it does not mean that planning permission will automatically be granted and the application will be treated in the usual way.
If the retrospective application is refused, the local authority can issue an enforcement notice which requires you to put things back as they were.
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The failure to obtain planning permission or comply with the details of a permission is commonly known as a 'planning breach'.
A planning breach usually occurs when:
A development that requires planning permission is undertaken without the permission being granted - either because the planning application was refused or was never applied for
Types of breach
A development that has been given permission subject to conditions breaks one or more of those conditions.
A planning breach in itself is not illegal and the council will often permit a retrospective application where planning permission has not been sought.
However, if the breach involves a previously rejected development (or the retrospective application fails) the council can issue an enforcement notice requiring you to put things back as they were.
Your local planning authority can serve an enforcement notice on you when they consider you have broken planning control rules. Normally this will be because they consider what you are doing, or have done, is harmful to your neighbourhood.
The decisive issue for the Local Planning Authority should be whether the breach would unacceptably affect public amenity or the existing use of land and buildings meriting protection in the public interest.
It is illegal to disobey an enforcement notice unless it is successfully appealed against. You can appeal against both refusals of permission and enforcement notices but if the verdict comes out against you and you still refuse to comply you may be prosecuted.
Retrospective building regs.
You can get retrospective building control approval. If you didn't apply for building regs approval for the work before, or perhaps building work carried out by the previous owner didn't have the relevant approval before starting, you can apply for 'regularisation' – retrospective approval.
If the work has already recently started or possibly even been completed without proper consent, then a retrospective application can be made using a Regularisation form.
You can even use this if the work was carried out by a former owner. Any work can potentially be regularised as long as it was carried out after the 11 November 1985.
The purpose of the process is to regularise the unauthorised works and obtain a certificate of regularisation. Depending on the circumstances, exposure, removal and/or rectification of works may be necessary to establish compliance with the building regulations.
It's best to contact your local authority building control team to discuss your individual circumstances before submitting a building control regularisation application.
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Retrospective consents by solutions.
We cover it all, from retrospective home extensions to retrospective commercial extensions and conversions and can provide, all the services you may need along the way, from 3D laser surveys, Structural Engineers, Interior Design, SAP ratings, Flood Risk Assessments, Biodiversity and Builders, Together with Expert Advice and Support.
Frequently asked questions
What is permitted development?
Permitted development, does not require an application for planning permission, provided all conditions are met. The rules apply to houses, not flats, maisonettes, or other buildings. Permitted development rights may have been removed by Article 4 or Article 3 directions. Other consents may be required if your house is listed or in a designated area or has other constraints.
Permitted development Vs Planning?
Permitted development although suitable for many standard extensions & conversions, the materials used, need to be of similar appearance to the host dwelling. Deviation from the GDPO guidelines will require a full householder planning application.
Planning permission is based on planning policy and planning law. One of the main considerations when applying for planning is the 45-degree rule.
We have extensive experience in Local and Government planning policies & planning law and would always recommend applying for a certificate of lawfulness or planning approval, to ensure that your project is legal in planning terms.
Do I need a Certificate of Lawfulness?
YES, YES, YES! This is the only answer, we deal with retrospective planning applications and planning enforcement on a daily basis. Don’t leave it to chance!
Don’t be swayed by anyone, who wants to start the build straight away, without putting in the paperwork first. A certificate of lawfulness is NOT the same as a completion certificate from building control. Planning regulations and building regulations are separate permissions, which you should always apply for, they are not the same and you will need both.
A certificate of lawfulness will give you the legal planning status for your project. Without this certificate, your project will not be deemed legal, in planning terms. You may also require this paperwork in the future, for a valuation, remortgage, or to sell your property.
Why choose an architectural firm?
There are more and more options for you as the client, out there. However, we would always advise our clients, to go with an independent architectural firm. There are a few reasons for this; 1. We specialise in architectural drawings, planning policy, and planning law and know what the planners will and won’t accept. 2. When you instruct an architectural firm, you are free to obtain independent quotes for the building works, which can and do vary considerably. We can help you obtain independent builders quotes if this is something you are interested in, however, you are never tied to one builder 3. If you are promised free drawings, it may sound good at the beginning, but the cost of the drawings is rolled into the price, so ultimately you will have paid for the drawings but you are not free to shop around. 4. Assurance that the drawings and paperwork have been completed accurately, in advance of works carried out on-site, and not at your own risk. 5. Timescales, we can prepare your drawings within 2 weeks and deposit both planning regulations & building regulations drawings at the same time, so that you are ready to start within weeks, not months.
Can I build it now or should I wait?
We get asked this question all the time. The sensible answer is; to always get your paperwork in place first. This process doesn’t need to be lengthy, we pride ourselves in our approach of “planning made easy” because it can be done with the right architectural firm. We offer transparent, straight-talking, absolutely no-nonsense planning advice, Let’s face it when you are a Nationwide company, you have seen it all. Don’t leave it to chance, or be swayed by anyone with a financial interest.
Ask the experts for straight-talking advice, who have seen the wrongdoings and enforcements.
How are your prices so competative?
Our prices are so competitive because our systems are so slick. Our 3D laser scan survey is so accurate, that our surveyors only need to visit the site once, for 1 hour, on average. The data is then sent to our head office, where we access your survey from our server.
We draw in Revit 3D Architecture (BIM modeling) not flat 2D CAD. We produce your existing drawings within 7 days. We will then arrange a telephone design consultation with you to discuss your proposed project in detail and will produce your initial proposed drafts for you to make any amendments to.
Once you are 100% happy with your designs, we produce your final drawings ready for submission, which include all the required drawings you need.
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