The new National Planning Policy Framework 2026 (NPPF) introduces an important policy concerning retrospective planning applications and intentional unauthorised development.
A retrospective application may be required where development has already taken place without the necessary planning permission. This could include extensions, outbuildings, changes of use, balconies, boundary treatments, new accesses or commercial uses.
The ability to apply retrospectively remains, and unauthorised development does not automatically have to be refused. However, under Policy DM8, where there is evidence that unauthorised development was intentional, this should be given substantial weight when deciding whether retrospective permission should be granted.
Importantly, there can be a difference between deliberately carrying out development knowing permission was required and making a genuine mistake about whether works were covered by permitted development or an existing planning permission.
In some circumstances, a Lawful Development Certificate may be the appropriate route instead of a retrospective planning application.
Retrospective applications can also carry enforcement risks. If permission is refused, the council may take action requiring development to be altered or removed, or an unauthorised use to cease.
The new NPPF therefore makes it particularly important to seek planning advice as soon as a potential breach is identified and establish the most appropriate way forward.
If you have carried out development without planning permission or have received contact from your local authority regarding a potential planning breach, HEAL Planning offers a free, no-obligation telephone consultation.
Complete our quick enquiry form below to discuss your options with our case assessment team.
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