Lewes District Council

Retrospective Planning Approval

Retrospective planning permission is needed if approval has not been given in advance of development work starting and is required by law.

A retrospective planning application is needed when a development has been carried out without first obtaining correct permission.

This is a breach of planning control and can look to resolve the problem. A range of statutory actions can be considered. The one chosen will depend on the nature and seriousness of the breach.

Particular attention is paid to the impact on the development’s immediate surroundings. Statutory notices can enforce a remedy occur within a set time.

Retrospective planning applications have to be handled in exactly the same way as any other applications. In legal terms, they cannot be punished for being retrospective.

They have to be judged only on their planning merits against adopted planning policies and other material planning considerations. The fact that development has already been carried out does not weigh in the balance against them.

A retrospective application pays the same fees as other proposed developments of the same type. There is no surcharge for this.

We can either decide to grant planning permission, with or without conditions, or refuse planning permission on the basis of its assessment of the planning merits of the case.

Planning refusal

A retrospective application can be refused. This is the risk the applicant takes in submitting plans after starting work.

It could represent possible financial loss for the person who has carried out development without planning permission.

Like any other application and appeal can be lodged with the Secretary of State. This may help overturn refusal and grant permission. However it will involve extra delay, cost and uncertainty.

Should an appeal fail, we consider enforcement action to resolve the breach of planning control. We must serve a statutory Enforcement Notice setting out the necessary steps to remedy the problem and time for doing so.

Enforcement Notices can also be the subject of an appeal. Sometimes, enforcement appeals are heard concurrently with planning appeals.

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Retrospective Planning Approval

Planning refusal