Can You Get Retrospective Planning Permission?

Are you thinking about carrying work without planning permission and wondering about the risk or have received a letter from your local Council about a development carried out without planning permission?

Navigating the complexities of the UK planning system can be challenging, particularly if you’ve already begun or completed a development without obtaining the required permissions. The good news is that retrospective planning permission can help resolve this issue.

In this blog, we’ll explore when you might need retrospective permission, the risks of proceeding without it, and how to navigate the application process effectively. Whether you’re a homeowner, developer, or business owner, this guide is designed to offer practical insights and actionable advice.

When Do You Need Retrospective Planning Permission?

Retrospective planning permission is required when development work or changes in use have been carried out without prior approval from your local planning authority (LPA).

What constitutes ‘development’?

What constitutes ‘development’ is defined  in Section 55 of the Town and Country Planning Act.  “Development,” means the carrying out of building, engineering, mining or other operations in, on, over or under land, or the making of any material change in the use of any buildings or other land. However, quite often, a matter of fact and degree has to be applied in order to determine whether or not ‘development’ has taken place.

For the purposes of this Act “ building operations ” includes—

(a)demolition of buildings;

(b)rebuilding;

(c)structural alterations of or additions to buildings; and

(d)other operations normally undertaken by a person carrying on business as a builder.

The definition of ‘buildings’ does not actually set out what constitutes a building. It is therefore necessary to apply the tests which have emerged from judicial  and ministerial consideration of this term.  The tests to determine what a ‘building’ constitutes are:

1.  degree of permanency
2.  size
3.  physical attachment

Therefore, a view has to be taken in light of the above 3 tests to establish whether development has taken place.

Please remember that it is not necessary to obtain planning permission for the following works:

a.  works to the interior of a building (listed building consent may be required for to a listed building)
b.  works that do not materially affect the external appearance of the building.

What are Material Changes of Use?

What constitutes a material change of use is not laid down in statute. Therefore, the local planning authority must take a view on whether the intensity of activities on a site either within or around the buildings, has made it necessary to consider whether such changes amount to material changes of use requiring planning permission.

Do I need Planning Permission?

In conclusion, when approaching any form of development, there are 3 preliminary questions to answer;

a.  does the proposal fall within the definition of ‘development’? If yes:

b.  is the proposal covered by an existing general planning permission? Is the proposal permitted development?

If the answer to b. is no – a specific planning permission is required for the development.  If the answer was yes, no planning permission is required.