The legal framework for retrospective planning applications provides an opportunity to regularise unauthorised developments, but it also reinforces the importance of compliance.
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What is the 4 and 10 year rule
The time limits for taking enforcement action are set out in section 171B of the Town and Country Planning Act 1990 (see also The Planning Act 2008 (Commencement No. 8) and Levelling-up and Regeneration Act 2023 (Commencement No. 4 and Transitional Provisions) Regulations 2024 for transitional arrangements).
In most cases, development becomes immune from enforcement if no action is taken:
- within 10 years of substantial completion for a breach of planning control consisting of operational development where substantial completion took place on or after 25 April 2024
- within 10 years for an unauthorised change of use to a single dwellinghouse where the change of use took place on or after 25 April 2024
- within 4 years of substantial completion for a breach of planning control consisting of operational development where substantial completion took place before 25 April 2024;
- within 4 years for an unauthorised change of use to a single dwellinghouse where the change of use took place before 25 April 2024
- within 10 years for any other breach of planning control (essentially other changes of use).
However, the time limits set out above do not prevent enforcement action after the relevant dates in certain circumstances. These are:
- where it concerns “further” enforcement action in respect of any breach of planning control within 4 years of previous enforcement action (or purported action) in respect of the same breach. This is known as the “second bite” provision.
- where there has been deliberate concealment of a breach of planning control, local planning authorities may apply for a planning enforcement order to allow them to take action after the time limits in section 171B have expired.
- where a person has deliberately concealed a breach of planning control, the courts have found that in these circumstances, the time limits in section 171B do not engage until the breach has been discovered.
I’ve completed development and/or a change of use without planning permission. What are my options?
1. Submit a Retrospective Planning Application
If you believe your development or change of use aligns with local planning policies, you can apply for retrospective planning permission. This allows you to regularise the work after it has been completed.
2. Demonstrate that the Development Is Permitted Development
Some types of development and changes of use fall under permitted development rights (PDRs), meaning they do not require formal planning permission. You can research whether your project qualifies under PDRs.
3. Revert the Change of Use or Remove the Development
If the unauthorised work or use does not comply with planning policies and is unlikely to gain retrospective approval, you can revert it to its original state.
Legal Basis for retrospective planning applications
Under Section 73A of the Town and Country Planning Act 1990, LPAs can assess applications for unauthorised developments as if the work had not yet commenced. However, LPAs are under no obligation to approve such applications, particularly if the development violates planning policies or was carried out deliberately.
Key Legal Principles:
Proportionality
LPAs are encouraged to ensure enforcement actions are proportional to the breach. Minor infractions may be resolved through retrospective approval, while significant or deliberate breaches may result in enforcement.
Public Interest
Decisions must consider broader public interest, such as:
- Impact on local character and infrastructure.
- Environmental considerations.
- Neighbour amenity.
Intentional Breaches
Intentional unauthorised developments are discouraged. In such cases, LPAs may:
- Refuse the retrospective application.
- Consider the breach during enforcement proceedings.
Appeal Options
Individuals can appeal enforcement notices if they believe planning permission should be granted. However, recent legislative changes under the Levelling Up and Regeneration Act have introduced restrictions on appeals, particularly where retrospective applications have already been refused.
Get help from us today
Retrospective planning applications for changes of use provide an essential avenue for regularising unauthorised developments, but they require careful preparation and consideration. Understanding submission requirements, addressing potential issues, and complying with planning laws are vital to success. While the process can be challenging, proactive engagement with professionals such as RPE and local authorities can significantly enhance the prospects of approval and ensure alignment with the UK’s planning framework.
