Tuesday 31st May, 2022
Do you need a Lawful Development Certificate?
Do you need a Lawful Development Certificate?
By Laura
Potts MRTPI, CAD Planning
What is a Lawful Development Certificate?
A Lawful Development Certificate is a legal document which
confirms that a proposed or existing development is lawful in planning terms.
There are two types:
· Proposed Use of Development
· Existing Use of Development
A certificate is not a planning permission. The planning
merits of the use, operation or activity are not relevant. The granting of a
certificate depends on evidence and the onus of responsibility is on the
applicant to provide evidence to support their application.
It is not compulsory to have a Lawful Development
Certificate, but there may be times when you prefer to have one to confirm that
the use, operation or activity named in it is lawful, such as when selling a
property.
What is the purpose of a Lawful Development Certificate?
If granted by the Local Planning Authority, the certificate
means that enforcement action cannot be carried out against the development
referred to in the certificate.
However, the certificate will not protect from enforcement
action by the planning authority if the specified use is subsequently changed
'materially' without a new planning application.
The Lawful Development Certificate can therefore provide you
with a very useful form of protection. Also, if you sell your property in
future, the prospective buyer may request a Lawful Development Certificate as a
condition of sale.
Lawful Development Certificate: Proposed Use of Development
The law which sets out what can be built without planning
permission (under permitted development rights) can be quite complex and some
properties have had their permitted development rights removed.
To be certain if you need planning permission or not before
you start work you can apply for a Lawful Development Certificate: Proposed Use
of Development. If granted, this provides you with a legal document that
planning permission is not required.
If you think the development, you are going to carry out
does not need planning permission it is not compulsory to have a certificate
before you start work. You may however wish to have one to give you peace of
mind before you start an expensive project.
You can apply for a Lawful Development Certificate: Proposed
Use of Development on the government's Planning Portal website. These types of application are not subject to
public consultation.
Lawful Development
Certificate: Existing Use of Development
This type of certificate provides legal proof that, for
example, an existing use of land, some development that has already taken
place, or some activity being carried out in breach of a planning condition, is
lawful for planning purposes. For instance, an extension that was built without
planning permission has now become lawful due to the amount of time that has
lapsed since it was built.
Again, you can apply for a Lawful Development Certificate:
Existing Use of Development on the government's Planning Portal website.
What information is needed to apply for a Lawful
Development Certificate?
There is a large amount of information required, which needs
to be carefully structured and presented. At minimum, applications for Lawful
Development Certificates should include the following:
· Whether the application relates to a use; a
building operation; or a condition not complied with
· The date that the use (or breach of condition)
started, or the date on which the building was substantially complete
· Any use class the applicant considers to be applicable
· In the case of a breach of condition, details of
the relevant application
· The reasons the applicant thinks they are entitled
to a Lawful Development Certificate
· Any other information relevant to the
application
· A plan identifying the land
· A certificate as to the applicant's interest
(ownership, tenancy etc) in the land and any interest of any other person
How long does it take to get a Lawful Development
Certificate?
Once your application has been submitted, it normally takes up
to 8 weeks for a decision. If, by this time limit, a decision hasn't been
reached, it is possible to make an appeal.
Getting expert help with Lawful Development Certificates
If you are thinking of applying for a Lawful Development
Certificate, then we would always recommend that you get expert input from our
specialist Planning Consultancy.
The process can be very complex and involves submitting the
correct type of form, supporting evidence and fee. The evidence needs to be structured
very carefully and the proof presented in a way that builds a strong, compelling
case for approval. This takes expert knowledge.
Often the legal intricacies are so wide-ranging that they
are difficult for the layman to understand. For example, where questions of
fact are involved, the local authority will expect to see statements from
persons with a direct knowledge of those facts. It is normal to require these
statements in the form of a 'sworn affidavit'. A sworn statement will carry
more weight in the overall assessment when compared to a letter or statement
from an individual.
Our CAD Planning team can support you through the entire process
and give you the very best chance of gaining successful certification.
If you have already applied for a Lawful Development
Certificate and had your application rejected, it is still worth talking to CAD
Planning. When we review your case, we may feel there is an opportunity to
re-write and resubmit your application. Alternatively, we may assess that you
have strong grounds for making an appeal.
More information on Lawful Development Certificates can be
found on the Governments Planning Guidance website - https://www.gov.uk/guidance/lawful-development-certificates
For a no-obligation discussion about your Lawful Development
Certificate application, get in touch with our CAD Planning Consultancy today.
Contact us at studio@cadarchitects.co.uk