Retrospective Planning Appeal FAQ August 2024

Описание: Retrospective Application Appeal Information and FAQs.

The Levelling Up Act 2023 removed the right to appeal enforcement notices under Grounds ‘A’ for certain types of applications that have been recently refused by the local authority. These new rules came into effect in April 2024.

As a consequence it is absolutely essential that all retrospective refusal planning application cases are appealed, and this is done within the required time scale or the development could be at serious risk.

Should the local authority serve an enforcement notice after the appeal time line has ended for a breach in planning control, which is highly likely they will, then this will result in the development or use having to be removed or use stopped without any further redress.

Basically put if you have bult a lovely kitchen extension and not appealed the planning refusal, you will be in a breach of planning control and you will end up having to take it down at your cost and there would be nothing you can do about it.

What is a Retrospective Application?

This is where the development or use has already commenced. In many cases this is where an extension has been built without the required planning permission.

How long do you have to appeal?

You must appeal the retrospective refusal to the planning inspectorate within the time scale (12 weeks House Holder Application, 6 months Full or Commercial Applications).

I have written to the planning officer after I received my refusal and they have not responded, what should I do?

The local authority planning officer, once a decision has been issued, cannot change it, the only redress is to either put in a revised application, this is not usually an option with retrospective applications as the built has already happened and most will not wat to remove parts. Or submit a planning appeal withing the short time available.

What if you do not appeal your retrospective application?

If you fail to appeal within the time scale and the council serve an enforcement notice, then you will be unable to appeal under Grounds ‘A’ to have an Inspector consider whether to approve what you have built.

The consequence is that you will be required to remove any unauthorised development or stop the use without any further choice in the matter.

The scope for challenging at this stage therefore is significantly reduced. Therefore, appeal early against the refused planning application.

Will the Appeal Planning Inspector Visit the Site?

It is highly likely that a planning inspector will visit the site to assess the appeal, the only time this does not happen is in cases of a change of use for cases like a dwelling house to HMO or similar.

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