Where a development has already been placed on site, there are 2 options available for applying for planning permission retrospectively.
If the development has been in place for less than 4 years, it is recommended that an application for planning permission be submitted.
If the development has been in place for a period exceeding 4 years, and you have evidence to demonstrate this, we recommend that you apply for a Certificate of Lawfulness.
It is strongly recommended that one of the above applications be submitted for retrospective development. Failure to submit a planning application may result in the Local Planning Authority or the mobile home park management/land owner taking action to remove the unauthorised development.
Certificate of lawfulness
Where a development has been in place for at least 4 continuous years, the development may benefit from lawfulness due to the length of time it has been in place. This applies regardless of other planning considerations that would normally apply for a planning application (for example, impact on the character of the area, impact on neighbouring properties). An application can be made for a lawful development certificate to formally confirm this lawfulness.
Typical evidence that may be used to support such an application can include (but is not limited to):
- statutory declarations from current and previous occupants
- original building plans (with visible date included) of development works
- invoices for building works (with visible dates)
- historic photographs
Adequate evidence must be provided to support the application in order for a certificate to be granted.
The minimum level of evidence to be provided will vary depending on the context and circumstances of the development, however ultimately the more evidence that can be provided, the more likely it is that a certificate will be granted. The onus is on the applicant, and not the Local Planning Authority, to provide sufficient evidence.
You can read more information about how to make an application for certificate of lawfulness in our guide.