180 projects flout planning rules

More than 180 developers flouted planning rules in a Black Country borough by starting work without permission during the last three years.

Some builders were accused of deliberately "playing the system" to gain extra time.

Dudley's development committee leader Councillor Tim Wright said it was frustrating projects without permission were able to continue until a retrospective application. "Retrospective planning permission is not illegal and it is absolutely immaterial the application has been made retrospectively," he said.

"It does not bother me personally because I know my job but I can see that for applicants who do things by the book, it is frustrating – but frustratingly legal."

He said the planning process meant some businesses were able to make a profit while they were waiting for a decision on the application – even if it was later turned down.

Many new businesses require permission for a change of use – such as changing a warehouse to a retail outlet or an office to a shop. But there is nothing to stop a trader setting up shop and applying for the change of use later and the same rules apply to building developments.

"If you have someone who sets up a business with very small start-up costs such as a hand car wash company at a disused garage, then it is probably worth their while," said Mr Wright.

"They might get 12 months of trading in the time it takes for the application to be heard and, if necessary, appealed. So even if the final decision is a no, they've got 12 month's profit. But in extreme cases, you could be talking about someone's home being pulled down after they have built it."

The development control committee, responsible for deciding all planning applications, can only make decisions based on planning law including highways and environmental issues.

"More often than not, there is a genuine, innocent reason for retrospective permission – such as unexpected changes during a building project," said Mr Wright. "But there are always going to be people who play the system and we can't throw something out simply for being sneaky."

Between April 1, 2005 and March 31, 2008 Dudley Council received 182 retrospective planning applications.