A person who wishes to establish whether a use, operation or activity is lawful in planning terms may apply to the Council for a Lawful Development Certificate (LDC). There are two types of LDC:
1. For an existing use or operation, or an activity in breach of a planning condition.
2. For a proposed use or development.
An application for a lawful development certificate (LDC) is not like an application for planning permission, where the decision will be made on the merits of a proposal, having regard to Council and national planning policies and any comments made about it by the public.
An LDC application is assessed purely on the basis of the evidence submitted in support of it, and on any other evidence submitted in support of it, and on any other evidence that the Council may have (such as its own records) or may obtain during processing of the application.
If, on the balance of probabilities, the Council is satisfied that the activity or the development is lawful, the LDC application must be granted.
What "Lawful" Means
In planning law, uses or operations are lawful if no enforcement action may be taken against them and they are not in contravention of any enforcement notice which is in force on the property.
Also, a failure to comply with any condition on a planning permission is lawful if the time for taking action about the failure has expired and it is not in contravention of any enforcement notice or breach of condition notice which is in force on the property.
Applying for an LDC for an Existing Use or development (or an activity in breach of a planning condition)
The onus is on the applicant to provide evidence that:
- the use of a property as a single dwellinghouse began at least four years before the date of the LDC application, or
- any other change of use began at least ten years before the date of the LDC application, or
- the development has been substantially completed for at least four years before the date of the LDC application, or
- the condition has been breached for at least ten years before the date of the LDC application.
Applying for an LDC for a Proposed Use or development
In this case the onus is on the applicant to show that planning permission is not required because of relevant issues such as existing planning permissions, enforcement notices or certificates that cover the proposed use or development.
Please see 
Application and Fee Forms for details of the forms and plans required.
There is a right of appeal to the Office of the Deputy Prime Minister against the refusal of an LDC application. It is also possible to submit a second application, with more (or different) evidence. In every case the decision will rest on the quality of the evidence available to the Council.
When the Council grants an LDC it will define as precisely as possible the limits of the development that it is declaring to be lawful. These limits will reflect the evidence that was available to the Council when the decision was made.
For example, if it has been established that part of a property has been used for more than ten years for repairing cars, the LDC will define which part of the property it covers. It may also state that it relates to cars only (not commercial vehicles), and may specify a maximum number of cars to be at the property for repair at any one time.
Once an LDC has been granted it has much the same effect as a planning permission in that it provides an official record that the activity or development is legitimate in planning terms.
Fees
The fee for an application to establish the lawfulness of an existing use etc, is the same as would be charged for an application for planning permission for the same use, operation or activity.
The fee for an application to establish the lawfulness of a proposed use or development is 50 percent of what would be charged for an application for planning permission for the same use or development.
(see "Detailed Planning Permission for Building Works and Change of Use".)
Sitemap
