After an enforcement notice, we’ve achieved our client in Hackney retrospective permission for the erection of a rear dormer.
What is retrospective permission?
It’s the planning permission granting the Local Authority’s planning approval after the development was already undertaken, whether it was completed or not yet.
Property owners who have undertaken development without planning permission would need to apply for this permission, or else they could face enforcement notices and penalties.
However, within a limited period of time, you can still apply after receiving the enforcement notice. Contact us for advice on what could be done in your case.
When a Local Planning Authority (LPA) makes a decision on your planning application, you can appeal with no fees in some cases:
• Your application was refused for reasons you think are against the LPA’s planning policy.
• Your application was approved with conditions you think are unnecessary or unreasonable.
• Your application wasn’t given a decision on and 8 weeks have passed since the agreed-upon date.
How long do you have to make an appeal?
You have 6 months to appeal from the date you received – or were supposed to receive – your decision notice. However, in cases of enforcement, you’ll have less than that depending on when you’ve received the enforcement notice;
• Before your application was refused; you have 28 days from the decision letter date.
• After your application was refused; you have either 28 days from the enforcement letter date or 6 months from the decision letter date.
What's after that?
After that, the Planning Inspectorate will check your appeal, make sure it’s valid, take it into consideration, and you’ll be given a date to expect to receive the decision.
Appeal allowed for a property in Haringey
The appeal argues that the property hasn’t been divided to flats, as the enforcement notice states, but remains an HMO. Ground floor plan shows the communal kitchen and the site survey did as well.
Contact us if you want to apply for one or have further questions. We give advice for free.