A retrospective planning application is an application for a development which has already commenced, without planning permission.
There are consequences of submitting a retrospective planning application.
Apart from likely enforcement action for the unlawful development, the consequence of applying for, and receiving retrospective planning permission, is significant in respect of the Community Infrastructure Levy (CIL) charges. If your development is liable for CIL charges, they will need to be paid in-full, immediately upon the grant of permission. The option to pay by instalments is removed.
In standard cases, where planning permission is obtained before commencement, the grant of planning permission results in a Liability Notice being issued by the Council to the applicant and landowner.
Upon receipt of a Liability Notice, the following forms must be completed and returned by the applicant or landowner to the CIL Charging Authority prior to commencement of the development:
- Form 2 - Assumption of Liability (can be submitted with the planning application)
- Form 10 - CIL relief or exemption forms, where relevant (can be submitted with the planning application)
- Form 6 - Commencement Notice
In the case of retrospective planning permission, it's not possible to submit these forms prior to commencement and this has serious consequences. The law that governs the CIL process means that where retrospective permission is granted, the CIL Charging Authority must issue a Demand Notice to the applicant and landowner for the full amount of CIL to be paid immediately and in full. The opportunity to apply for relief or exemption from CIL, or to pay by instalments, is lost and surcharges may also apply for the failure to submit specific forms prior to commencement.
You should consider the financial implications of commencing material operations on your land and get advice or email CIL@brentwood.gov.uk if you have any questions.