RETROSPECTIVE PLANNING

Is this route a get-out-of-jail-free card or one that should be approached with caution? Our planning expert advises

- SIMON RIX

Imagine the relief. You've poured your heart, soul and savings into creating your dream home -perhaps a bespoke self-build or a beautifully extended family space. The dust has settled, the paint is dry and you're finally enjoying the fruits of your labour. Then, out of nowhere, a stark white envelope drops onto your doormat, emblazoned with your local council's logo. Your heart sinks. It's an Enforcement Notice, demanding you undo years of work, or even stop using your home as a dwelling.

This scenario, while seemingly dramatic, is a stark reality for some homeowners. Often, it soon emerges that the root cause isn't malicious intent, but a misunderstanding of the planning system specifically, what constitutes 'development' and the critical difference between a retrospective planning application and a Lawful Development Certificate.

UNDERSTANDING 'DEVELOPMENT'

Planning permission is only required if what you're doing legally qualifies as 'development'.

The Town and Country Planning Act 1990 defines 'development' broadly to include:

Building, engineering, mining or other operations

This covers physical changes, such as construction, rebuilding, most demolition, groundworks and structural alterations.

Material change of use This refers to a significant change in how land or buildings are used (for example, converting a barn into a house, or a shop into a flat).

However, even if your project falls under this definition, there's a crucial exception: Permitted Development (PD) rights. These are national grants of planning permission that allow certain types of minor building work and changes of use without needing the submission of a formal planning application.