Lawful certification

If you want to be certain that the existing use of a building is lawful for planning purposes or that your proposal does not require planning permission you can get a certificate called a "Lawful Development Certificate" (LDC).

It is not compulsory to have an LDC but there may be times when you need one to confirm that the use, operation or activity named in it is lawful for planning control purposes.

You apply to your local council for an LDC. The council will give you the forms you need. 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. This will be broadly similar to what you pay for a planning application.

If your application is partly or wholly refused or is granted differently from what you asked for, or is not determined within the time limit of eight weeks, you can appeal. Appeals are made to the Planning Inspectorate. The Planning Inspectorate has further information about LDCs on its web site.

Often the issues involved in LDCs are complex and if you decide you need to apply for a certificate you might benefit by obtaining professional advice. Your council's planning officers will also be pleased to help. They will tell you about the sort of information needed to support your application.

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