PPS 9: The Enforcement of Planning Control
Where acceptable but unauthorised development has been carried out
4.1 Where an initial assessment by the Department indicates that it is likely that unconditional planning permission would be granted for development which has already taken place, the Department will advise the person responsible for the development that a retrospective application for planning permission (together with the appropriate fee) should be submitted without delay. Such planning applications will be processed in the normal manner taking into account any views expressed by members of the public together with the comments of any consultees and the views of the relevant District Council. Where a retrospective application contains unacceptable elements the Department may reject it, seek appropriate amendments or grant it subject to conditions.
4.2 It is clearly unsatisfactory that anyone should carry out development requiring planning permission, without first submitting an application and paying the appropriate fee. Nevertheless, an enforcement notice will not be issued solely to ‘regularise’ development which is acceptable on planning grounds, but for which permission has not been sought. Therefore in circumstances where a retrospective application is requested but such advice is not followed, the Department will normally use its powers under Article 23 of the 1991 Planning Order and issue a notice requiring the submission of an application for planning permission. Where any person fails to comply with such a notice they are guilty of an offence and the Department will normally pursue court action. On summary conviction that person is liable to a fine with the 9 potential for continuing daily fines.