Lawful Development Certificates Information

These are a special type of application that seek to certify that a given development would be immune from enforcement action because it would be lawful. There are two forms of application; one for existing development and the other for proposed. Either type can relate to uses of land and buildings, or building or other operations.

 

Section 171B of the Town and Country Planning Act sets out the time limits for the taking of enforcement action as follows:

• Where there has been a breach of planning control consisting in the carrying out without planning permission of building, engineering, mining or other operations in, on, over or under land, no enforcement action may be taken after the end of the period of four years beginning with the date on which the operations were substantially completed.
• Where there has been a breach of planning control consisting in the change of use of any building to use as a single dwellinghouse, no enforcement action may be taken after the end of the period of four years beginning with the date of the breach.
• In the case of any other breach of planning control, no enforcement action may be taken after the end of the period of ten years beginning with the date of the breach.

It follows that development becomes lawful if it remains for longer than these periods without being enforced against. However, if you make an application you will need to provide evidence to prove your claim.

 

If you need a Certificate of Lawfulness, you will have to apply to the Council. In the case of an existing use or operation it will be your responsibility to provide evidence to support your claim that the development is lawful. For a proposed operation or use, you will need to explain why the development can be carried out without planning permission.

 

You will need to submit an original and 3 copies of the application form in addition to a location plan and whatever documents you wish to support your claim, and submit a fee.

 

Once you have made your application it will be checked and allocated to a Planning Officer. Unlike a planning application the case does not rest on the acceptability of the proposal, but on the evidence of lawfulness. The Officer may seek evidence to prove or disprove the claim.

 

Applications can take between 4 and 8 weeks to reach decision stage.