It is not against the law to occupy land without planning permission but if you are living on a site that does not have permission, the local planning authority (LPA) has powers to take enforcement action against you.
Pulling onto a site without planning permission can make it harder, more expensive, and more stressful to get planning permission. Since 2015 pulling onto a site without planning permission (‘intentional unauthorised development’) can also count against you in a planning application or appeal.
If you are living on a site without planning permission, then there are two ways to deal with this before the LPA takes action:
1. Apply for retrospective planning permission - see ‘How does the planning application process work’ which explains the planning application process. But note, if there is an existing enforcement notice on the site then the LPA has a power to turn your application away.
2. Apply for a lawful development certificate – if you can prove that you have lived on the site for a period of longer than 10 years. Examples of such proof are:
- Utility bills
- Sworn statements
- Aerial photography
It is recommended to get a planning consultant to compile the evidence for an application for lawful development. See ‘Buying land for a Gypsy and Traveller Site’ for guidance on finding a planning consultant.