Where there is no formal planning permission or where a condition of planning permission has been breached, a Lawful Development Certificate (LDC) can be sought to confirm that the use of a building or land is lawful. They are issued by your Local Planning Authority (LPA) and can also be referred to as a Certificate of Lawfulness.
They can be used for both residential and commercial sites and include listed buildings and those in conservation areas.
It is also possible to obtain LDCs for buildings constructed without planning permission or to confirm that an existing or proposed use or development qualifies as permitted development. This article deals only with the existing use of land and buildings.
To obtain an LDC, an application needs to be submitted to the LPA. The purpose is to prove that the land or building has, in fact, been in said use continuously for the relevant period and up to the date that the application is made. Usually, the LDC application will be supported by documentary evidence and will include at least one sworn Statutory Declaration setting out the facts in some detail. The application should be granted unless the LPA has any contrary evidence to outweigh the evidence submitted.
An LDC can be issued when it is no longer possible for the LPA to take enforcement action against an unlawful use because of the associated time limits.
With the creation of residential use, the building must have been in continuous use for four years. For non-residential uses, or where a planning permission condition has been breached, the requirement increases to ten years.
Timing of the application can be critical – a timely application can crystallise the use of a site, making an otherwise unacceptable use lawful.
If the unlawful use ceases, the ability to apply for an LDC is lost.
An LDC can be an extremely useful planning tool to regularise the situation in the following instances:
Unfortunately, in some cases an existing LDC may not maximise the value of the land. A thorough analysis of the planning history is essential when compiling an LDC application to ensure that what is granted does not end up being restrictive later.
Curtilages and access ways are often missed so a further, more detailed application could increase the area of land to the lawful use and hence increase the value of the site.
The detailed planning history analysis, the planning strategy, the compilation of the LDC application and negotiations with the LPA is most definitely the expertise of a planning consultant, and solicitors agree.
A Statutory Declaration is usually required as part of the LDC planning application submission and this must be witnessed by a solicitor. Where a solicitor is needed, we can make trusted recommendations.
We work closely with solicitors, particularly for property transactions, where our advice compliments their service and adds significant value. Planning consultants save time and costs for clients to achieve the right outcome in the most effective way.
Here are but a few examples of successful LDC applications Bell Cornwell have achieved for our clients:
Basingstoke and Deane – Conformation of the lawful use of a large parcel of land for residential amenity and garden purposes as well as the retention of agricultural outbuildings for domestic use.
Buckinghamshire Council – Confirmation of the lawful use of land as residential garden opposed where it had previously been designated as agricultural.
Cornwall Council – Confirmation of lawful use of land as residential where a caravan has been in continuous use on countryside land previously in agricultural use.
East Devon District Council – Confirmation of lawful mixed use of land and buildings for residential use, caravan storage and B8 storage on countryside land previously in agricultural use.
East Hampshire – The removal of an agricultural tie to confirm the lawful use and occupation of a dwelling. Where it had been in breach of an agricultural occupancy condition dating back to 1949, it can now be sold on the open market.
Hart District Council – Confirmation of lawfulness of office and B8 storage use on agricultural land and buildings together with access and curtilage in the countryside.
Hertsmere – The lawful use of an existing annexe as a separate dwellinghouse has been confirmed with an LDC.
Horsham District Council – Confirmation of lawful use of two separate dwellings for caravan storage, B2 workshops and mixed-use storage and retail use on an old nursery site in the countryside.
Harrow London Borough Council – Confirmation of lawfulness for operational development and building of a mezzanine floor in a commercial building in breach of conditions.
Royal Borough of Kensington and Chelsea – Confirmation of lawful implementation of an amalgamation of two separate dwellings into one in a listed building by proving the carrying out of a material start to the approved works.
Teignbridge District Council – Secured the lawful use of land for leisure activity on behalf of an outdoor pursuits company avoiding a planning application which could have imposed strict conditions regarding operating hours and types of activity.
Waverley Borough Council – Expansion of mixed commercial use curtilage and access way on land previously subject to a limited LDC on a smaller site in the Green Belt and ANOB.
Westminster City Council – Confirmation of lawful use of a property as a single dwelling following the amalgamation of three separate properties into one dwelling.
In all these examples the use or development was contrary to local planning policy and so would not have otherwise been granted planning permission or would have been complex or more costly to achieve planning permission for.
If you need assistance with an LDC and would like further advice, please get in touch.
