Certificates of Lawful Use Development
Certificates of Lawful Use or Development
Certificates of Lawful Use or Development are certificates issued by local planning authorities which establish that an existing or proposed use or development of land is lawful. There are two types of Certificates of Lawful Use or Development so we recommend you take care to apply for the correct one. Determination of applications for these Certificates is a based on a legal judgement as to whether what is claimed or proposed is lawful in accordance with the relevant planning legislation.
Certificate of Lawfulness of Existing Use or Development.
This certificate is to confirm that any existing use of land, or an operation or activity in breach of a condition or limitation on a planning permission that has already taken place is lawful on the date specified in the application.
It is defined as being lawful if enforcement action cannot be taken against it. This may be because it had, or did not need planning permission, or it may be the case that the use or operation has not been the subject of any planning enforcement action and took place or began so long ago that the time limit for enforcement action has expired (four years in the case of built development and ten years in the case of a change of use).
Certificate of Lawfulness of Proposed Use or Development.
This certificate is to confirm that a proposed use or development of land would be lawful i.e. it would not require express planning permission. For example, you may need to establish that what you have proposed either does not constitute development, is ‘permitted development’, or already has planning permission.
What are the benefits of a Certificate of Lawful Development?
A Certificate of Lawful Use or Development is a determination that has legal status providing certainty to owners, occupiers or prospective developers and purchasers of land and buildings. Solicitors representing purchasers of, for example, extended dwellings will usually require documentary evidence that extensions such as conservatories are lawful. This evidence may assist with the sale of property. Certificates of Lawful Use or Development also provide the necessary evidence that any works undertaken are lawful if, for example, a neighbour were to make an enquiry or complaint about the work.
Applying for a Certificate of Lawful Development
Certificate of Lawful Development applications should be supported by sufficient verifiable information to demonstrate that the existing or proposed use or development is lawful. The determination of such applications is a legal judgement on the basis of the facts of the application, unlike the determination of a planning application which is an assessment of the acceptability of a proposal against planning policy.
Along with the application form and required fee, it is necessary for the following information and documentation to be submitted:
• A clear plan – drawn to a metric scale (usually 1:1250 or 1:2500) identifying the land to which it relates (edged in red). If the application relates to two or more uses, each use should be clearly indicated on the plan using different colours;
• Such evidence verifying the information included in the application as the applicant can provide; and,
• A statement setting out the applicant’s interest in the land, the name and address of any other person known to the applicant to have an interest in the land and whether any such other person has been notified of the application.
The onus of proof is on the applicant and in respect of applications for existing uses or development evidence is required that the claimed use or development has taken place for a continuous period of ten or four years respectively. The following list contains suggestions of documentation that it may be appropriate to submit:
• Up to date and historic dated photographic evidence of the site.
• Copies of dated utility and rates bills over the required number of years.
• Examples of company advertising (whether in the press or existing signage etc.) over time.
• Third party statements from neighbours, customers, suppliers, occupiers etc.
• Land Registry title to the land attached to the application so it is clear as to who the legal owner is.
The relevant evidence is likely to differ in each case, so please contact the Planning team if you are unsure of what might be required.
Further information can also be found in the Communities and Local Government document Circular 10/97: Enforcing planning control - legislative provisions and procedural requirements – Annex 8: Lawfulness and the Lawful Development Certificate: Lawfulness and the Lawful Development Certificate
