RETROSPECTIVE PLANNING APPLICATIONS MAY ATTRACT PENALTIES

12.50.27pm UTC (GMT +0000) Thu 14th Jun 2007

Jenny Randerson, Welsh Liberal Democrat Assembly Member for Cardiff Central, has today asked the new Minister for Sustainability and Rural Development whether she would be willing to penalise developers who start building works without the benefit of planning permission.

To her joy, the Minister agreed to look at the regulations with a view to introducing penalties, such as higher fees, when developers have to submit a retrospective planning application.

Jenny said: "I am delighted with this statement. For years, I have been campaigning for action against developers who start building works without the benefit of planning permission or who gain permission and then exceed it by, for example, raising the approved roof level or installing more and/or bigger windows.

Such actions can require the submission of a retrospective planning application so that affected parties, such as neighbours, can be given the opportunity to view the plans and, if necessary, object.

However, applicants are not penalised for their retrospective applications and some developers are willing to take the risk that, once they have started the works, the Council will not require them to rectify the position. Unfortunately, in many cases, the Council is unwilling to take action because, if the applicant appeals, costs could be awarded against the Council.

The imposition of higher costs attaching to a retrospective application, however, will mean that applicants will have to bear the additional cost, whatever the outcome. Hopefully, this will act as a deterrent and ensure that would-be developers proceed through the correct democratic channels.

After all, it costs nothing to contact the Local Planning Authority to ascertain whether building works require permission or are regarded as "permitted" development!"

Contact:

Jenny Randerson on 029 2089 8355