• CONCERNING David Kaner’s letter (There are ways of dealing with rogue developers, September 13), unless the situation has changed recently, which I doubt, to my knowledge there are different timelines for different types of planning violation.

For building works only, if you build something without permission (for which it is required), and if you get away with it for four years (only), the council loses the right to enforce against you.

The 10-year rule applies to a non-approved use, or a non-approved change of use, for which permission should have been obtained. For example, if you continuously use an office building as a residence for 10 years (and can prove it), after 10 years the council loses the right to enforce against the illegal change of use.

With a planning violation, after expiry of the period for enforcement (four or 10 years), I believe you can legitimately apply for and receive a “Certificate of Lawfulness” to regularise the violation.

In my experience in Camden, if an enforcement officer takes an interest in an alleged violation, the first step taken is that the officer requests in writing to the property owner that the alleged violation becomes the subject of a (retrospective) planning application.

If an application is submitted, the planners can take a view on the alleged violation. If they wish to, and if it’s acceptable and proper, they can grant retrospective permission.

If the application is approved, the problem is solved. If it’s refused, it remains the council’s responsibility to start enforcement action; in line with the statutory time limits.

None of the above should be confused with Permitted Development (PD), where owners of houses (not flats) have rights for some types of development, for which planning permission is not required. PD rights include the construction of defined types of extensions to houses.

Note, this is not offered as professional advice – check the details yourself.

RICHARD FERRARO FRIBA
NW3