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TYPES OF LAWFUL DEVELOPMENT CERTIFICATE
There are effectively two types of Lawful
Development Certificate:-
1. A certificate that an EXISTING use of land, or
some operational development, or some activity in breach of a planning
condition is lawful; or
2. A certificate that a PROPOSED use of buildings
or other land, or some operations proposed to be carried out in, on, over or
under land, would be lawful.
In the first instance, the Certificate will be granted for a specified existing
use, operation or activity. The precise nature of the use, operation or
activity will be detailed to establish exactly that which is considered lawful
and will be referenced to a plan or drawing(s) to ensure certainty. If there
are any material changes subsequently then the Certificate will be no
protection against enforcement action taken against that change.
This Certificate is applied to circumstances where
you are seeking to make a breach of planning control lawful and will require
evidence to support any claim, as a defence against enforcement action being
taken. [See DEFENCE]
In the second case you are asking for the
Council's opinion in advance of any use or development taking place, to ensure
that you know exactly what you can and cannot do without requiring planning
permission.
Here again, the Certificate will describe the precise
use or operation on a site that is permissible without the need for a planning
application. This may be helpful in establishing whether your proposal is Permitted
Development or whether there are any
special restrictions about which you may not be aware, perhaps involving Sites
of Special Scientific Interest, Conservation Areas and the plethora of European
Environmental designations.