Lewes District Council
There are a range of different types of planning permission which you can apply for, depending on the type and nature of the development proposed.
There are a number of different planning permission types, for a range of development, including combined applications such as; Listed Building Consent and Householder Consent. For further information on the types and limitations of consents available, please visit the Planning Portal website.
Retrospective planning permission is needed if approval has not been given in advance of development work starting and is required by law. This is a breach of planning control and 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 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 for or 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 an assessment of the planning merits of the case.
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, an 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 will 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 the timeframe for doing so.
Enforcement Notices can also be the subject of an appeal. Sometimes, enforcement appeals are heard concurrently with planning appeals.