What is a certificate of lawful use?

A Certificate of Lawfulness is essentially a means of obtaining a decision from the planning authority that a proposed use or works do not require planning permission.

What does it mean to have a lawful development certificate?

The statutory framework covering “lawfulness” for lawful development certificates is set out in section 191 (2) of the Act. In summary, lawful development is development against which no enforcement action may be taken and where no enforcement notice is in force, or, for which planning permission is not required.

Can a planning authority refuse a lawful development certificate?

A local planning authority may choose to issue a lawful development certificate for a different description from that applied for, as an alternative to refusing a certificate altogether. It is, however, advisable to seek the applicant’s agreement to any amendment before issuing the certificate.

Where to apply for a certificate of lawfulness?

The application site is located within the Green Belt where planning policies stipulate that the construction of new buildings is considered inappropriate. The applicant could of benefited from of the exemptions to inappropriate development which is;

Where can I apply for a LDC in the UK?

You can apply to your local council for an LDC via the Planning Portal online application service. The application must provide sufficient information for the council to decide the application or else it may be refused. You will have to pay a fee.

How do you get a lawful development certificate?

You must use the CLOPUD application process. Lawful Development Certificates enable us, when appropriate conditions are satisfied, to grant a certificate saying that an existing use of buildings or land, or some operational development, or some existing activity in breach of a planning condition, is lawful (CLUED).

Can a planning authority grant a lawful development certificate?

A local planning authority can grant a certificate confirming that: (a) an existing use of land, or some operational development, or some activity being carried out in breach of a planning condition, is lawful for planning purposes under section 191 of the Town and Country Planning Act 1990; or

How is lawfulness defined in relation to lawful development certificates?

How is lawfulness defined in relation to lawful development certificates? The statutory framework covering “lawfulness” for lawful development certificates is set out in section 191(2) of the Act.

When was established use certificate replaced by lawful development certificate?

“Established use” certificates were replaced by lawful development certificates in 1992. The effect and value of any existing established use certificates remains unchanged, but they are not considered to have been made under section 191 of the Act.