Glossary
Retrospective planning after unconsented London work
An application submitted after work is already done. Higher refusal rate.
An application submitted after work is already done. Higher refusal rate.
A retrospective application seeks permission for development already carried out. Section 73A of the Town and Country Planning Act 1990 allows it, the fee is the same as it would have been beforehand, and the council must consider it on its planning merits — not punish the fact that it was built first.
Where work has been built without permission and is capable of being acceptable — an extension slightly over a depth limit, an outbuilding a little too tall, a change of use that has occurred. It is also the standard response to an enforcement investigation, though it does not suspend an enforcement notice already served.
Where the work is clearly unacceptable, applying retrospectively simply creates a refusal to enforce against. In that case the alternatives are alteration to make it compliant, or waiting out the immunity period if that is realistic.
For breaches occurring on or after 25 April 2024, England has a single ten-year immunity period for all breaches of planning control. Before that date, operational development and change of use to a single dwellinghouse became immune after four years. Listed building works never become immune.
Once immune, the way to prove it is a Lawful Development Certificate for existing use or development, supported by dated evidence — photographs, invoices, council tax records and statutory declarations.
Considerably. A buyer's solicitor will identify unauthorised work, and the choices are then indemnity insurance, a retrospective application, or a price reduction. Applying for indemnity insurance and then contacting the council invalidates the policy, which catches people out.
Retrospective planning application in a Waltham Forest context: London Borough of Waltham Forest (Waltham Forest Council) runs 17 conservation areas including the Walthamstow Village Conservation Area and the Lloyd Park Conservation Area, and an Article 4 direction is in force there, so permitted development cannot be assumed. That decides how retrospective planning application is handled: £548 and 8 weeks for a Waltham Forest householder application, or £274 for the Lawful Development Certificate that records retrospective planning application as lawful. The law behind retrospective planning application sits in the Town and Country Planning Act 1990, the GPDO 2015 and the Building Regulations 2010.
| Legal basis | Section 73A, TCPA 1990 |
|---|---|
| Fee | Same as the equivalent prior application |
| Immunity, breaches from 25 April 2024 | 10 years |
| Immunity, earlier operational development | 4 years |
| Listed building works | Never immune |
| Proof of immunity | LDC for existing use or development |
No. It must be assessed on planning merits, though goodwill is inevitably reduced.
No. An enforcement notice already served remains in force.
Only if the work is genuinely immune, and listed building works never are.
Pick a slot that suits you. No obligation and no sales pressure, just straight answers on your planning route.
