Quick Answer

How to Apply

A retrospective planning application is submitted in exactly the same way as a pre-construction application — through the Planning Portal or the council’s own system. The forms and documents required are the same. The only difference is that the application is for works already carried out rather than proposed works.

The fee is the same as for a pre-construction application. The council has 8 weeks to determine a householder application. The council can grant or refuse permission — it cannot refuse to consider the application simply because the works are already done.

How It’s Assessed

The council assesses a retrospective application on exactly the same planning policy grounds as a pre-construction application. The fact that the work is already done doesn’t give it a planning advantage. The test is: if this application had been submitted before the work was done, would it have been approved?

In practice, councils sometimes weigh the harm of requiring demolition against the planning harm of the development. Where the works are minor and would likely have been approved, retrospective permission is usually granted. Where the development is clearly contrary to policy (e.g. in Green Belt), retrospective permission is typically refused.

What Happens if the Application is Refused

If retrospective permission is refused, you can appeal to the Planning Inspectorate in the normal way (within 12 weeks for householder applications). If the appeal is also dismissed, the council will typically serve an enforcement notice requiring the development to be removed or the use to cease. You should take professional advice before deciding whether to appeal or comply.

Retrospective Permission vs Lawful Development Certificate

There are two ways to regularise development that has been carried out:

• Retrospective planning application: Applies for permission for works that needed permission and didn’t have it. The council assesses on planning merits
• Lawful Development Certificate (LDC): Confirms that development is lawful — either because it was permitted development, or because it has become lawful through the passage of time (the enforcement time limits have expired). An LDC is not a planning application — it’s a certificate of fact

If the development was permitted development (and didn’t need planning permission), the right route is an LDC, not a retrospective application. If the development needed permission and didn’t have it, and the enforcement time limits haven’t expired, a retrospective application is the right route.