Hello all. I have been told that you do not need to apply for planning permission if you have for example an extension that has been there for four years and a day. How true is this, does anybody know for definate if this is true. The location is East london UK. TIA.....
Planning Permission
Oct 12, 2006
1 Replies
Almost right. See:
formatting link
(Annex 2, para 2.4) - this confirms that 'operational development' (e.g. constructing an extension) gains immunity from planning enforcement action it has been 'substantially complete' for 4 years or more. So a council would be unable to take action to secure its removal. Unless planning permission is granted for it following a retrospective planning application, it will remain as unauthorised. In the alternative you (or whoever has the extension) could apply to the council for a Certificate of Lawfulness of Existing Development where the council are invited to assess the legality (not the planning merits) of the building. You pay a fee for this application but a certificate will be issued if on the balance of probalility the extension has been up for 4 years (supply receipts for materials, invoice from builder, affidavits from neighbours, etc), whether the council like the extension or not. Rules are the same whether you're in E.London or elsewhere in England & Wales.
Join the Discussion
Have something to add? Share your thoughts — no account required.
Didn't find your answer?
Ask the community — no account required