A Lawful Development Certificate (LDC) is a formal decision from the local planning authority confirming the lawful planning status of a particular use or development. Homeowners often apply when they believe proposed work is permitted development, or when they need confirmation that existing work is lawful.
Proposed and existing certificates
A proposed certificate relates to work you intend to carry out. The authority assesses the proposal as described in the application and decides whether it would be lawful.
An existing certificate relates to an existing use or development. The evidence needed depends on the circumstances and the legal basis on which lawfulness is claimed.
How is an LDC different from planning permission?
Planning permission is a consent for development subject to the approved plans and any conditions. An LDC does not grant planning permission. It confirms that the described development or use is lawful under planning legislation or because of the relevant planning history and evidence.
What information is normally needed?
For a proposed certificate, the application should clearly describe the work and include drawings that allow the authority to assess it. Depending on the proposal, this may include:
- A site location plan.
- Existing and proposed floor plans.
- Existing and proposed elevations.
- Sections and dimensions where levels or heights are important.
- Supporting information about the property and its planning history.
For an existing certificate, evidence may also be needed to establish the relevant facts and dates. The authority will assess the evidence submitted.
Why apply before starting work?
A proposed LDC can provide written confirmation of the planning status of a proposal before construction begins. It can be useful when discussing the project with a builder, solicitor or prospective purchaser. It is important that the application accurately describes the work you intend to carry out.
Can every extension receive an LDC?
No. A certificate can only be issued where the authority is satisfied that the proposal or existing development is lawful. If planning permission is required, an LDC is not a substitute for making the correct planning application.
Help with drawings and applications
Robert Blake Designs prepares residential drawings and supports proposed Lawful Development Certificate applications for homeowners in Harlow, Essex and nearby Hertfordshire. Structural calculations and structural engineering design are not provided and must be commissioned separately from a suitably qualified structural engineer where required.
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