from his website…
Retrospective Application
Contrary to popular belief, in Britain it is not illegal to carry out building works and changes of use without applying for planning permission before-hand. It is acceptable to instead make a retrospective application. Of course it is possible that this application could be refused. This is the approach favoured by Tesco supermarkets who rely on a mutually agreeable financial arrangement to ensure approval. It is also the approach that has most successfully been used by both low impact dwellers and many more conventional farmers although these people have generally had to rely on paperwork and logic to ensure eventual permission.
In addition our planning departments do not have a general remit to enforce against unpermitted development, only to process applications and follow up on complaints. This is an significant retention of liberty and common sense. If I get a piece of land and build a monstrous palace which I use as a base for having excessively loud parties. My neighbours will probably complain to the council who will demand a retrospective application which they’d refuse and then serve an enforcement order for me to demolish the building. On the other hand, if I build a modest and discreet house on a piece of land somewhere and all my neighbours have no problem with what I am doing, the need to make a planning application will not arise. In this case, after 10 years the building and change of use will be eligible for a certificate of lawful use, meaning a planning application is not needed. If there is not a change of use, lawful use is granted after 4 years.
Many low impact living projects have now be granted temporary or permanent permission through the retrospective applications usually followed by appeals. Such cases are arguable through agricultural technicalities as well as appeals to general ecological and social commitments.
bit of a swing at Tesco….but retrospective seems the order of the day…
