An application for a Lawful Development Certificate form should be used to establish whether:
Examples when an application for a Lawful Development Certificate should be made include:
An application for a Lawful Development Certificate is also sometimes used in cases involving intensification of use or where the precise nature of the existing use is difficult to describe, such as:
|Proposed Works to a Listed Building|
The fee is half the equivalent of a planning application.
For example, for proposed alterations or extensions to a dwelling, the fee is £172, so half of the fee will be £86.
Existing Use - lawful not to comply with a particular condition
Existing Use - in breach of a planning condition
The fee is the equivalent of a planning application.
For example, where the erection of a dwelling has taken place without planning permission, the fee is £385, and for alterations or extensions to a dwelling without planning permission, the fee is £172.
The Planning and Compensation Act 1991 introduced rolling time limits within which local planning authorities can take planning enforcement action against breaches of planning control.
The time limits are:
Once these time limits have passed, the development becomes lawful, in terms of planning. This will need proof in such forms as for instance a sworn affidavit or utility bills etc.
If you are in doubt as to whether or not your development is applicable to be assessed under a Lawful Development Certificate, or consent is required for a particular building operation or use of land or is immune from enforcement notice proceeding please ring Sedgemoor Direct on 0300 303 7805 and ask for the Planning Duty Officer (available 9:00am to 1:00pm).