In the realm of UK planning law, a retrospective planning application is a process allowing individuals or businesses to seek permission for developments or changes in land use that have already occurred without prior consent. While this approach offers a pathway to regularise unauthorised developments, it is not without its challenges. This post will explore the submission requirements, supporting information, common issues, and legal framework associated with retrospective applications for changes of use.
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What Are Retrospective Applications for Changes of Use?
A retrospective planning application for a change of use is submitted when a property or land has been used in a way that differs from its designated use class without obtaining prior planning permission. Changes of use may involve converting residential properties into commercial spaces, turning agricultural land into a dog kennel, or erecting a tall fence.
Under the Town and Country Planning Act 1990, unauthorised changes of use constitute a breach of planning control. However, these breaches are not criminal offences unless they involve listed buildings or enforcement notice non-compliance. However, if you don’t submit a retrospective planning application when invited, your council is entitled and likely to pursue formal enforcement action. This is serious and you need to deal with it swifly – find out more about how to do that using the button below. Retrospective applications provide an opportunity to regularise such changes while aligning with planning policies.
Submission Requirements for Retrospective Applications
When submitting a retrospective planning application for a change of use, applicants must meet specific requirements to ensure the application is processed effectively.
1. Application Forms
Applicants must complete the appropriate forms available from the Planning Portal or local council websites. These forms require detailed information about the property, the nature of the unauthorised change, and the intended future use.
2. Application Fee
A fee is required to process the application, with the amount varying based on the scale and nature of the change of use. Fees can be calculated using tools provided by local planning authorities or the Planning Portal.
3. Site Plans and Location Plans
Plans must clearly identify the property or land in question and its position in the local context. Site plans should include boundaries, neighbouring properties, and relevant features.
4. Supporting Documents
- Planning Statement: A document explaining the nature of the change of use, its purpose, and how it aligns with planning policies.
- Heritage Statement (if applicable): Required for properties in conservation areas or affecting listed buildings.
- Transport and Parking Assessment: Necessary if the change of use impacts traffic or parking availability.
- Noise and Environmental Impact Assessments: Relevant for changes involving potential environmental or noise impacts.
5. Evidence of Use
For retrospective applications, evidence such as dated photographs, affidavits, or receipts may be needed to demonstrate when the change of use occurred.
