Grounds for Application for a Lawful Development Certificate

A Lawful Development Certificate (LDC) is an important document in planning law that confirms whether a proposed or existing use or development is lawful. This certificate provides certainty for property owners and developers regarding the legality of their activities or proposals. The grounds for applying for a Lawful Development Certificate are varied and can be categorized into different types of applications, each addressing different aspects of legality in planning and development. Below is a comprehensive guide on the grounds for applying for an LDC, including the types of certificates, the criteria for each, and the process involved.

1. Introduction to Lawful Development Certificates
A Lawful Development Certificate is issued under section 191 or 192 of the Town and Country Planning Act 1990 in England and Wales. Its primary purpose is to provide clarity on whether a development or use of land is lawful. An LDC can be applied for if there is uncertainty regarding the lawfulness of an existing or proposed use of land or building.

2. Types of Lawful Development Certificates
There are two main types of Lawful Development Certificates:

2.1 Existing Use or Development Certificate
An Existing Use or Development Certificate confirms that a use or development that has already taken place is lawful. This type of certificate is essential if:

• 2.1.1. The Use or Development is Not in Accordance with Planning Permission: If a development has occurred without the necessary planning permission but has been in use for a period long enough to establish its lawfulness.
• 2.1.2. The Use is Within Permitted Development Rights: If the use or development falls within the permitted development rights and has been established for a sufficient time.

2.2 Proposed Use or Development Certificate
A Proposed Use or Development Certificate confirms whether a proposed use or development is lawful, provided that it complies with planning laws and regulations. This type of certificate is essential if:

• 2.2.1. The Development is Within Permitted Development Rights: To ensure that the proposed development is within the bounds of what is legally permitted.
• 2.2.2. The Proposal Does Not Require Planning Permission: To confirm that the proposal does not contravene any planning laws or regulations.

3. Grounds for Applying for an LDC
To apply for a Lawful Development Certificate, certain grounds must be met, depending on whether the application is for an existing or proposed use or development.

3.1 Grounds for Existing Use or Development Certificate

• 3.1.1. The Development has Been in Use for the Required Period: The use or development must have been continuous for at least 10 years for most types of development (or 4 years for certain types of building works) to be considered lawful.
• 3.1.2. The Use or Development Complies with Planning Law: The use or development must comply with the relevant planning laws and regulations that were in force at the time it was carried out.

3.2 Grounds for Proposed Use or Development Certificate

• 3.2.1. The Proposal Falls Within Permitted Development Rights: The proposed use or development must fall within the scope of permitted development rights as specified in the Town and Country Planning (General Permitted Development) Order.
• 3.2.2. The Proposal Does Not Require Specific Planning Permission: The proposed development must not contravene any specific planning permissions or conditions attached to the property.

4. The Application Process for an LDC
The process for applying for a Lawful Development Certificate involves several key steps:

4.1. Gather Relevant Documentation

• 4.1.1. Evidence of Use or Development: For existing uses, provide evidence such as photographs, utility bills, or tenant agreements to demonstrate the use or development has been ongoing for the required period.
• 4.1.2. Details of the Proposed Development: For proposed developments, submit detailed plans and descriptions of the intended use or development.

4.2. Submit the Application

• 4.2.1. Application Form: Complete the relevant application form, providing details of the use or development and any supporting evidence.
• 4.2.2. Fee Payment: Pay the required application fee, which varies depending on the type and scale of the development.

4.3. Planning Authority Review

• 4.3.1. Review of Evidence: The local planning authority will review the evidence provided and determine whether the use or development is lawful.
• 4.3.2. Issuance of Certificate: If the planning authority finds the use or development to be lawful, it will issue the Lawful Development Certificate.

5. Benefits of Obtaining an LDC
Obtaining a Lawful Development Certificate provides several benefits, including:

• 5.1. Legal Certainty: It provides certainty about the legality of a use or development, protecting against future enforcement action.
• 5.2. Property Value: An LDC can enhance the value of a property by confirming the legality of existing or proposed uses.
• 5.3. Development Potential: It can clarify the development potential of a property, making it easier to plan future developments.

6. Conclusion
Applying for a Lawful Development Certificate is a crucial step in ensuring that a use or development complies with planning laws. By understanding the grounds for applying and the process involved, property owners and developers can gain legal certainty and protect their interests. Whether dealing with existing uses or planning new developments, an LDC can provide peace of mind and help navigate the complexities of planning regulations.