Is it appropriate for the local planning authority to seek a retrospective planning application?

When development has been carried out without planning permission, and is in breach of planning control, the local planning authority has discretion on whether to take statutory action to remedy the breach.

A range of statutory actions can be considered and the chosen action will generally depend on the nature and seriousness of the breach of planning control, particularly its impact on its immediate surroundings. This range of actions can go as far as serving statutory notices requiring specified action to remedy the breach within a set timescale.

However, the Government’s Planning Policy Guidance Note 18 Enforcing Planning Control advises in its paragraph 6:-
‘In assessing the need for enforcement action, local planning authorities should bear in mind that it is not an offence to carry out development without first obtaining any planning permission required for it’.

Accordingly, where the LPA’s assessment is that it is likely that planning permission would be granted for development which has already taken place, the correct approach is to suggest to the person responsible for the development that he should at once submit a retrospective planning application, together with the appropriate fee.’

Many of the Council’s investigations of alleged breaches of planning control lead to the submission of retrospective planning applications. For example, over the period 1 January to 30 June 2005, 41 retrospective applications were submitted by this route. In such cases, it represents a cost effective way of handling breaches of planning control.