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planning-applications.co.uk |
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LAWFUL DEVELOPMENT CERTIFICATES
MAKING AN LDC APPLICATION
You can make your application
in writing, but it may be worthwhile obtaining the appropriate forms from your
Council's planning department. They may have one set for Existing and one set
for Proposed Uses.
In the context of proposed
uses, you are effectively asking the Council for their opinion on a situation
that hasn't yet occurred. Set out what you intend doing as clearly as you can.
You should provide as much
FACTUAL information as possible particularly in respect of an Existing use
application. Anecdotal, vague or unsupported claims will not be acceptable and the
Council have discretion to dismiss any application on the grounds of
insufficient information.
You may re-apply as often as
you like, but repetitive applications with no factual evidence will only result
in dismissals and the potential for attracting enforcement action; on the basis
that your use is not proven to be lawful.
A certificate may be revoked
in circumstances where the Council consider a false statement is made or
document used, or where material information is withheld. The revocation of a
certificate may make the owner immediately liable for enforcement action to
remedy the improperly obtained or confirmed use.
There is no
right of appeal against a Councils' revocation of a certificate. But the
decision may be challenged in the High Court on the grounds that the Authority
acted unreasonably in arriving at their decision to revoke the certificate.
legal
action must begin within 3 months of the decision, but should be considered as
soon as possible with the aid of legal advice.
FEES
are payable for lawful use applications (see Fees)
CONVERTING AN ESTABLISHED
USE CERTIFICATE This
is carried out in exactly the same way as an application for an existing use and
may be valuable, in that the new certificate will confirm the use as being
lawful for planning purposes, rather than just exempt from enforcement action.