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Given the complexity of planning regulations and enforcement procedures, seeking professional advice from a planning consultant or solicitor can be beneficial. They can assist in preparing the retrospective application, navigating the appeal process, and addressing any enforcement issues. When development has taken place without the necessary planning permission in the UK, the process for addressing this situation involves several steps. This is crucial because unauthorized development can lead to enforcement action by the local planning authority. Here’s a step-by-step guide on how to address and rectify unauthorized development:  

1. Identify the Nature of the Breach

Determine what aspects of the development are unauthorized. Unauthorized development might include changes to the use of land, physical alterations to buildings, or other works that require planning permission but were carried out without it.

2. Consult with the Local Planning Authority (LPA)

Before taking any formal steps, it’s advisable to contact the LPA for guidance. They can provide information on the specifics of the planning regulations that apply and offer advice on how to proceed. This consultation can also help you understand the potential consequences and options available.

3. Submit a Planning Application

To remedy unauthorized development, you can apply for retrospective planning permission. Here’s how to do it:

• Prepare the Application: Gather all necessary documents, including plans, drawings, and supporting statements. You might need to include a description of the development and how it impacts the surrounding area.
• Submit the Application: Complete and submit the planning application form to the local planning authority. Ensure that all required documents and fees are included.
• Public Consultation: The LPA will typically carry out a public consultation process. Neighbors and interested parties will have the opportunity to comment on your application.
• Assessment and Decision: The LPA will assess the application against local and national planning policies. They may approve, refuse, or require modifications to the development.

4. Compliance with Planning Conditions

If the retrospective application is approved, you must comply with any conditions attached to the planning permission. Failure to adhere to these conditions could result in further enforcement action.

5. Addressing a Refusal

If the application is refused, you have the right to appeal the decision. The appeal process involves submitting your case to the Planning Inspectorate, which will review the LPA’s decision.

6. Compliance with Enforcement Notices

If the LPA issues an enforcement notice due to the unauthorized development, you must comply with it. The notice will specify the actions required to remedy the breach, such as removing or altering the development. Failure to comply with an enforcement notice can result in legal action and additional penalties.

7. Rectify and Prevent Future Issues

Once you’ve resolved the issue of unauthorized development, take steps to ensure compliance with planning regulations in the future. This may include regularly consulting with the LPA before undertaking any new developments or changes.

Summary

Addressing unauthorized development involves identifying the nature of the breach, consulting with the local planning authority, submitting a retrospective planning application, and complying with any decisions or enforcement notices issued. Professional advice can be crucial in navigating this process and ensuring that you meet all regulatory requirements. By taking these steps, you can resolve issues of unauthorized development and prevent future complications.