How to apply for Lawful Development Certificate?

Key Highlights

• A Lawful Development Certificate (LDC) provides legal proof that your building work or land use is lawful for planning purposes.
• There are two types of LDCs: one for existing uses and another for proposed uses.
• An LDC isn’t mandatory for permitted development, but offers peace of mind and can simplify property sales.
• The LDC application process involves submitting an application form with detailed information and supporting documents to your local council.

Introduction

A Lawful Development Certificate (LDC) gives homeowners and property developers peace of mind. It confirms the legal status of their building projects or land use, including the existing use of a building. The local planning authority issues an LDC. This certificate shows that a certain development, whether it is already built or planned, follows planning rules. Getting an LDC is not always required. However, it is a smart move to ensure everything is right and to avoid legal problems in the future.

Understanding Lawful Development Certificates in the UK

In the UK, a Lawful Development Certificate (LDC) is an official document provided by the Ministry of Housing and the local government. This document shows that a building meets planning rules. You can find it through the Planning Portal. The LDC confirms that your project, whether it’s already built or still in the plans, follows important planning rules.

LDCs are very helpful for property owners and developers. They give a clear proof of a development’s legal standing according to planning laws. This certificate is especially useful when selling a property. It gives potential buyers peace of mind about the legality of any changes or added features.

It is advisable to consult with the planning authority and or RTPI accredited town planner to ensure compliance with all regulations and navigate through the planning permission process effectively.

Non-compliance with the relevant regulations and requirements can result in enforcement action, where homeowners may be required to rectify the non-compliant work or face financial liabilities.

Differentiating Between Certificates for Existing and Proposed Uses

Understanding the distinction between the two types of LDCs is crucial for applicants. Each type caters to a different stage of development and requires specific information to support the application.

An LDC for existing use confirms that a current use of land, building operation, or development complies with planning regulations. This certificate is often sought for projects that may have been completed without formal planning permission or for which documented approval is lacking.

On the other hand, an LDC for proposed use provides confirmation that a planned development, such as an extension, a loft conversion, or a change of use, would be lawful. This certificate is particularly useful for projects falling under permitted development, where uncertainties about compliance may arise.

What is the application process for Lawful Development Certificate?

Before you apply for an LDC, gather sufficient information to show that your project is legal. This means you need to have details about the property, how you plan to use it, and any past planning history. The process of applying for Lawful Development Certificate typically involves filling out a form, providing detailed plans and drawings, paying the necessary fees, and submitting any supporting documents or reports required by the local authority. It is important to note that obtaining permission is not guaranteed and may require additional steps or modifications to the proposed development. Once submitted, the applicant will receive a receipt as proof of submission.

What drawings are required?

LDC planning application will require some architect drawings in order for your local planning authority to assess the design, scale and impact of your proposed development.

The minimum will require the following: a site plan, floor plans, elevations, sections of the dwelling, and details of any historic or listed building consent if applicable to the proposed development in England, in accordance with the national planning policy framework.

Existing & Proposed Elevations – 2D drawings showing each side of the property externally in accordance with the architectural plans.

Existing & Proposed Floor Plans – 2D drawings showing the layout of rooms

Existing & Proposed Block Plans – Map showing boundaries for the site

Site Location Plan – A larger map showing where the property is located

What documents are needed?

Every application whether you are constructing something new, extending, making alterations or changing the use will require at least one type of statement and possibly additional supporting evidence in order to limit the risk of an unnecessary refusal. It depends on which type you plan to submit as to which statements and supporting documents will be required. However, below is an overview of what is typically the minimum requirements are for a normal planning application.

Planning Statement or Design and Access Statement

You will require one of these statements as a minimum with any application. They are normally 4 to 50 pages long justifying why the proposed development plan meets the required policies and why it should be approved. However, in addition, householders may also require additional statements such a water management statement, drainage statement, waste management statement and more. Submitting an application without the required statement(s) would risk being refused unnecessarily. While in theory, anyone could do this, it usually requires an experienced RTPI town planner who understands the complex and ever-changing policies and legislation.

Supporting Evidence

A bit like going to court, it is important to seek professional advice and submit the strongest possible case. Sometimes it is beneficial or even a necessity to submit additional documents as evidence to support your LDC application and provide further details. For example, if you need to prove existing use over a certain time period. There is no definitive list of what evidence will be required but it can include, previous planning history, ownership details, rental contracts, utility bills, and photos to name just a few examples. Without sufficient evidence to support your case and prove the required facts, your LDC application could be unnecessarily refused.

Specialist Reports

There are over 30 specialist reports that the council may request, in addition to the normal architect drawings and statements before they can assess and determine an application. These reports include flood risk assessments, wildlife surveys, ecological reports, bat surveys, transport reports, parking surveys, noise assessments, odour assessments, environmental impact assessments, and more. Large-scale developments such as new build houses and major planning applications are much more likely to require one or more specialist reports as they have a greater impact on the surrounding area. However, they can be required for any minor developments such as extensions, loft conversions, garage conversions, change of use, etc. They require highly skilled experts with unique skills and qualifications, so they can be very expensive if required. The reports may also need to be approved by the environmental agency.

If you submit without the required documents and evidence, it may be deemed incomplete and could result in delays or even a refusal. This can be frustrating and time-consuming, as you will need to go back and gather the necessary information before resubmitting. Ensuring that all required documents and evidence are included in your submission is crucial for the successful validation of your Lawful Development Certificate application.

To ensure a smooth and successful process, it is important to carefully review the requirements set out by the local council or governing body, especially when evaluating any activities carried out in breach of a planning condition. They may specify certain documents that are essential for assessing your Lawful Development Certificate application, such as previous planning history, ownership details, rental contracts, utility bills, and photographs. These pieces of evidence can help support your case and provide crucial details negating the need for a site visit from the planning officer.

Ownership certificate or agricultural land declaration

When submitting a Lawful Development Certificate application, one of two important certificates is required: the Ownership Certificate or the Agricultural Land Declaration. The Ownership Certificate confirms that you are the legal owner of the property where you want to make changes or additions. The Agricultural Land Declaration is required if your property is located in an agricultural zone, and it confirms that your proposed development will not interfere with any agricultural activities or land use. These certificates are crucial in ensuring that your application is processed smoothly and without any legal issues

Are there any fees associated with submitting a planning application for Lawful Development Certificate?

Yes, there are fees associated with submitting a Lawful Development Certificate application, including an application fee. The amount of the fee, which is typically required to cover the cost of processing the application, may vary based on how complex your project is and the local authority you are submitting to. If any information is missing or the fee is wrong, it may delay your process. It is important to check with your local authority for specific fee information and payment methods.

Validation of Application for Lawful Development Certificate

After submission, one of the key stages of the planning application process is validation. This is where the local authority checks to ensure that all the necessary information and documents have been provided. It is important to include all required details and supporting evidence at this stage to avoid any delays or complications.

During the validation process, the planning officer will review your Lawful Development Certificate application and conduct an initial assessment of its feasibility. They will check if you have included the necessary plans, drawings, and other relevant documents, including the sort of information that can include supporting evidence such as contracts, utility bills, and photographs that can support your case and provide important details. There’s no need for public consultation on LDC applications. However, the LPA can consult with others, such as conservation officers or highway authorities, based on your project’s needs.

If you fail to submit the minimum required information, including any missing information about your Lawful Development Certificate application, the council may not validate or process your application, this is when many clients Contact Us for help. If they do validate it but the design does not meet all of the required policies or the supporting documents do not clearly justify why, based on the relevant policies the application should be approved, it would be at risk of unnecessary refusal.

Do I need to notify my neighbours when making a LDC Application?

When making an application for LDC, you may be wondering if you need to notify your neighbours. Most of types of planning applications do require a 21-day consultation period, to allow local government, as well as neighbours, to comment or object to your proposed development.

A lawful development certificate does not require a consultation period, so your neighbours do not have any opportunity to comment or object.

How long will it take to get a decision on LDC?

The timeframe for a planning decision depends on various factors, including the complexity of your LDC application and the workload of the local planning authority. The statutory time frame for local authorities to determine LDC applications, as part of the planning process, is 8-13 weeks. However, with backlogs in many councils across the UK, it is common for the process to take 4 to 6 months. The planning officer can request an extension of time and any requests for additional information or design revisions will add delays.

What happens if your application is refused?

If the Local Planning Authorities refuse your lawful development certificate application, you have the right to appeal to the Planning Inspectorate. You must submit your appeal within a set period, usually 12 weeks from the LPA’s decision. In your appeal, explain why you think the LPA was wrong. This involves submitting additional evidence and arguments to support your case. Appeals can be very complex and difficult so seeking advice from a town planner with experience in appealing decisions is recommended. Alternatively, it may be possible to amend and resubmit your application for reconsideration. Understanding the reasons for refusal can help address any issues in subsequent applications.

How likely is it that my LDC application will be approved?

It is difficult to determine the likelihood of your LDC application being approved without knowing more specific information about the details of your application and the local planning regulations and policies in your area.

The approval of a planning application depends on various factors, such as compliance with zoning and land use regulations, building regulations, environmental impact assessments, and other relevant considerations. It is advisable to consult with a qualified RTPI town planner or contact your local planning department for more accurate information regarding your specific circumstances. They will be able to provide you with guidance and advice based on their knowledge of local regulations and past LDC approvals in your area.

It is recommended that you establish the likelihood of success before you invest lots of time or money, in case your project is not feasible or has a low chance of success. To establish the feasibility you can submit a to your local council, you will need drawings and a detailed written proposal. It normally takes around 5-8 weeks to receive a response which is still not a legal determination and does not guarantee you will secure approval. Alternatively, one of our expert town planners can conduct a planning appraisal to give you the answers you need in a day rather than 8 weeks.

What is the benefit of engaging an architect and a town planner?

Engaging an architect and a town planner for your Lawful Development Certificate planning application brings several benefits. While architects excel in design, town planners are experts in planning policies and can ensure your design meets all necessary requirements. Their expertise increases the chances of obtaining planning permission and saves you time and effort navigating the process.

An architect plays a crucial role in the Lawful Development Certificate planning application process. Their expertise lies in design, ensuring that your proposed project meets aesthetic standards and functional requirements. By engaging an architect, you can benefit from their innovative ideas and creative solutions, resulting in a well-designed and visually appealing structure.

A town planner is well-versed in local regulations and planning policies. They have a deep understanding of the approval process and can guide you through it. A town planner can help you navigate complex planning regulations, ensuring that your application is compliant with all necessary requirements. With their expertise, they can increase the chance of success.

Do you need help or advice on submitting a planning application?

Looking for guidance on submitting a planning application for Lawful Development Certificate? Our team of architects and town planners can assist you throughout the entire process. Contact us for a free consultation to discuss your project and receive a detailed feasibility report with a quote. Utilise our free online cost calculator for an instant estimate.

To see some examples of our recent applications visit our Portfolio and click on any of the projects to see all of the required drawings and planning statements for each application.

To get a free instant estimate for your project, you can use our Cost Calculator but please bear in mind this does not mean your project is feasible and if anything above the minimum is required this will be at additional cost.

If you would like to find out what exactly your project would require and whether it is feasible, please Contact Us for a free no-obligation consultation.