Retrospective Planning Applications and Enforcement: What to do when you hear from the Council

Receiving a letter from your local council about unauthorised works can be stressful and confusing. Whether it is a Planning Contravention Notice, a request for information, or an Enforcement Notice, you may be wondering what it means and how serious it is.

Many homeowners and small developers find themselves in this situation unintentionally, often after carrying out work they believed was permitted. The important thing is to stay calm and act quickly. Most cases can be resolved through clear communication and a properly prepared retrospective application.

At HeritageStatements, we regularly help clients navigate council investigations, retrospective planning applications, and listed building consent issues.

Understanding the Council’s Letter

When a local planning authority believes that development or alterations have been carried out without consent, it must investigate. This process usually begins with a Planning Contravention Notice (PCN) or an informal letter asking for information about the works.

These letters do not necessarily mean you are in trouble. The council is gathering evidence to decide whether a breach has occurred and what action, if any, should follow. The key is to respond carefully, provide accurate information, and meet the stated deadline.

Ignoring or misinterpreting the letter can lead to more formal enforcement measures later. If you have received correspondence from the council, we can review it with you and help you understand if a Heritage Statement is required.

Unauthorised Works and Retrospective Planning Permission

If the council concludes that work has been carried out without planning permission, it may invite you to submit a retrospective planning application. This allows you to regularise the situation rather than face enforcement action.

Retrospective permission does not guarantee approval, but a well-prepared application that includes the right supporting documents, drawings, and statements will give you the best chance of success. Our team prepares clear, evidence-based Heritage Statements that help the council understand why your works are appropriate and how they can be made compliant.

Listed Buildings and Conservation Areas

If your property is listed or within a conservation area, the rules are stricter. Carrying out work to a listed building without Listed Building Consent (LBC) is a criminal offence, even if the works appear minor or sympathetic.

Common examples include replacing windows, altering internal walls, or removing historic features without consent. In these cases, the council may request a retrospective LBC application supported by a Heritage Statement that explains the works, assesses their impact, and proposes mitigation if needed.

This is where our expertise is most valuable. We prepare heritage statements that demonstrate a full understanding of the building’s character and significance, written in a way that planning officers, conservation officers, and committees respect.

If your property is listed, we recommend speaking to us before you contact the council. Early advice can prevent misunderstandings and reduce the risk of formal enforcement.

How the Enforcement Process Works

Once the facts are clear, the council decides how to proceed. Possible outcomes include:

1. No further action if the works are considered acceptable.

2. An invitation to submit a retrospective planning or LBC application.

3. The issue of an Enforcement Notice if the works are harmful or non-compliant.

   
   

An Enforcement Notice is serious and legally binding. It sets out what must be done to remedy the breach and gives a deadline for compliance. You have the right to appeal, but appeals are time-limited and require strong evidence.

Formal enforcement action is recorded on the local land charges register and will normally be revealed by local authority searches during sale or remortgage. An Enforcement Notice can therefore create significant conveyancing complications. Even when a notice has been complied with, the entry may remain on the register until formally discharged, which can delay or affect a sale or mortgage. Early professional action to secure compliance and written confirmation from the council is important to clear the title for sale.

Our role is to help you reach a cooperative resolution wherever possible, avoiding unnecessary escalation. By providing clear, professional documentation and managing dialogue with the council, we can often secure a positive outcome before formal action becomes necessary.

The Lawful Development Time Limits

In planning law, a development may eventually become lawful through the passage of time if no enforcement action is taken. However, the time limits for immunity have recently changed.

From 25 April 2024, the immunity period for all operational development and changes of use became ten years, replacing the former four-year rule for certain cases. If your works were substantially completed or your change of use occurred before 25 April 2024, the old four-year period may still apply under the transitional provisions.

These time limits are highly technical. Immunity is never automatic, and the burden of proof lies entirely with the applicant to demonstrate continuous use or completion throughout the relevant period. This is usually done through a Lawful Development Certificate (LDC) supported by documentary and photographic evidence.

Where there has been deliberate concealment of a breach, the usual time limits do not protect you. In such cases, the courts have held that the clock does not run until the breach is discovered, and the local authority can apply for a Planning Enforcement Order to take action even after the normal period. Deliberate concealment is therefore a serious matter that can defeat any claim to immunity.

Assembling the Right Team

Successfully navigating planning enforcement is rarely a task for one person; it requires a coordinated team of professionals. An architect will be needed to produce precise ‘as-built’ drawings, and a planning consultant is essential to manage the application strategy and lead communication with the council. In some cases, a structural engineer may also be required.

Within this expert team, our role is singular and critical. At HeritageStatements.com we specialise in producing the detailed Heritage Statement or Heritage Impact Assessment. This is the pivotal evidence that addresses the council’s primary concern: the effect of the works on a protected building or area. Whether you have just received an initial letter or are already facing an enforcement investigation, it is not too late to build the expert case required to protect your property

How We Help

Our support typically includes:

• Visiting your property to understand what works have been carried out

• Preparing a Heritage Statement to support a retrospective application

• Coordinating with other professionals as needed

  
  

Taking Control of the Situation

The enforcement system is designed to ensure that changes to buildings are properly assessed, not to punish homeowners who act in good faith. Councils generally prefer to work with property owners to regularise breaches rather than pursue legal action.

Acting promptly and engaging experienced professionals sends a clear signal that you are cooperating and taking the matter seriously. This can significantly influence how the council handles your case.

Get Professional Help Early

If you have received a planning enforcement letter or are concerned that recent works may not have the necessary permissions, get in touch with us. The earlier you seek advice, the more options you will have to resolve the issue effectively.

Contact HeritageStatements today for a confidential initial review. We will explain what your letter means, what steps to take, and how to regularise your position while protecting your property and peace of mind.

Send us your council letter for a free initial review or call to speak with one of our heritage specialists.