Retrospective planning permission

What is the point of applying for planning permission when people can apply for retrospective planning permission within four years?

What is the point of applying for planning permission when people can apply for retrospective planning permission within four years?

When you apply for retrospective planning regulations may have changed ie what was acceptable when the work was done may not be acceptable when you apply for retrospective planning afaik...

What is the point of applying for planning permission when people can apply for retrospective planning permission within four years?

There is no guarantee that the retrospective planning permission would be granted.

If it wouldn't have been granted if you'd applied before, it is unlikely to be granted retrospectively.

What is the point of applying for planning permission when people can apply for retrospective planning permission within four years?

The point is an unsuccessful retrospective application would (or should) result in the applicant being ordered to pull down the offending building, signage or whatever it is.

The point is an unsuccessful retrospective application would (or should) result in the applicant being ordered to pull down the offending building, signage or whatever it is.

But retrospective planning permission is only permissible if work has taken place within four years. So does that mean that any work done after this period does not:p

a) require retrospective planning permission?

b) cannot be affected by a council's decision to reverse the works, even if retrospective planning permission is not given, as it is outside the four year period?

But retrospective planning permission is only permissible if work has taken place within four years. So does that mean that any work done after this period does not:p

 

a) require retrospective planning permission?

b) cannot be affected by a council's decision to reverse the works, even if retrospective planning permission is not given, as it is outside the four year period?

No it doesn't.

http://www.bbc.co.uk/news/uk-england-surrey-36445848

Mr Filder was under this erroneous belief, and so uncovered the house he built without permission after 4 years.

There is a law in planning that you can't benefit from deception (the Welwyn principle).

No it doesn't.

 

http://www.bbc.co.uk/news/uk-england-surrey-36445848

 

Mr Filder was under this erroneous belief, and so uncovered the house he built without permission after 4 years.

 

There is a law in planning that you can't benefit from deception (the Welwyn principle).

So what is the point if the four year rule? Council's always ask this if you report something which you know hasn't had planning permission.

The 4 year rule stands, but it doesn't count if deception is involved.

I guess the point is to prevent headaches from prior building work that no-one really cares or notices.

What is the point of applying for planning permission when people can apply for retrospective planning permission within four years?

You risk council enforcement action which could require your building or change of use be demolished/removed.

Not ideal!

Also, the "four-year rule" is a bit of a false guide, the statute is 10 years if the development falls outside of the permitted development for the area.

The four-year rule applies to alterations and additions and changes of use to a single dwelling house. If the work involves a change of use to something other than a single dwelling house then the time limit for enforcement action is ten years! And that is irrespective of concealment. ie your construction will always be at risk of demolition/enforcement action.

Retrospective planning permission is rarely given as it sets the dangerous precedent for developers to build what they like and then attempt to apply for permission afterwards. Planning departments take a dim view on this practice and as such, there is a serious risk to a building project if commenced without planning.

No competent Architect or construction professional would put their client at risk by proceeding without it.

That said, and contrary to the above, in some unique cases, you CAN proceed with certain types of work/development without applying for planning permission through "Permitted Development" currently.

A series of pre-approved criteria allow you to proceed without submitting a full planning application. You may/should apply for a lawful development certificate to be absolutely certain, however.

If you have any specific queries for a project you have, consult an architect or architectural technician you trust.