
How retrospective consent works
In some cases, a change of use or other development can become lawful over time. This can happen even without formal planning consent. A Local Planning Authority can confirm this through a Lawful Development Certificate, for an existing or a proposed use. We can advise on whether this route suits you. Alternatively, we can help if a retrospective application would stand a better chance of success, and guide you through making it.
Sometimes no application was ever made. If enough time has passed without enforcement action, the Local Planning Authority can then issue a Certificate of Lawfulness to regularise a use or development, and gov.uk sets out the requirements in full. However, the evidence must be precise and continuous. As the landowner, you carry the responsibility for demonstrating this. That is why we strongly recommend talking to our team before you apply.
Retrospective consent can also apply to agricultural occupancy conditions. These conditions restrict who can live in certain countryside homes, usually to protect the rural economy. Farming has changed considerably over the decades, so many properties no longer serve that original purpose. In some cases, we can help you lift the condition, which can increase the property’s value by up to 30%.
KEY CONTACTS

Clare Bartlett
MRTPI PISEP

Harriet Richardson
MRTPI

Lifted a restriction? Your property may be worth more now
Removing an agricultural occupancy condition can significantly increase a property’s value. Once that’s confirmed, it is worth getting a formal valuation to understand exactly where you stand.
Common questions about retrospective consent
Retrospective consent covers situations where a change of use or other development becomes lawful over time. This can happen even without formal planning consent from the outset.
A Lawful Development Certificate confirms that an existing or proposed use is lawful. Unlike planning permission, it doesn’t grant new consent, instead, it confirms a use is already lawful.
You need precise, continuous evidence that a use has been in place long enough without enforcement action. As the landowner, you carry the responsibility for providing that evidence. That’s why we recommend getting advice before you apply.
An agricultural occupancy condition restricts who can live in certain countryside homes. Local Planning Authorities usually impose it to protect the rural economy, most often on farmhouses and similar rural dwellings.
In some cases, yes. Farming has changed considerably over the decades, so many properties no longer serve their original purpose. Removing the condition can increase a property’s value by up to 30%, though each case depends on its own circumstances.
No. A retrospective application asks the Local Planning Authority for permission after work has started or finished. A Lawful Development Certificate instead confirms consent was never needed, because enough time has passed without enforcement action. We can advise on which route fits your situation.
Please contact a member of our Planning Team to discuss how we can help you
Offices in Battle, Haywards Heath, Pulborough, Surrey Hills and Tunbridge Wells.
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