Lawful Development Certificates

When Were Lawful Development Certificates Introduced?

Pre-1992 the equivalent was called an Established Use Certificates. The effectiveness of one of these certificates will still apply, but they were not made under section 19 of the Town and Country Planning Act 1990. The previous certificate provided proof that the development would certify established use and immunity from enforcement action, but not that it was lawful.

Can an Established Use Certificate by Converted to a Lawful Development Certificate? 

Yes, it can, but an application needs to be made to the local council just like any other application for a certificate.

What Are The Risks of Not Getting A Lawful Development Certificate?

We highly recommended you obtain an certificate for any existing or proposed developments. Having a lawful development certificate proves that any alterations to the structure or use of a building are legal. This means that the property is protected against any future enforcement action, while ensuring potential buyers are more likely to purchase the property.

What happens if I don’t have a Lawful Development Certificate?

• Enforcement action: The council could force you to remove unauthorised developments or undo previous works.
• Difficulty Selling: Buyers are less inclined to buy altered properties without a lawful development certificate. It is a risk to them and their investment.
• Additional Expense: Obtaining planning after construction is more expensive and risky. 

How Do I Apply For a Lawful Development Certificate?

Applying for a Lawful Development Certificate is similar to applying for planning permission, so we recommend appointing a planning consultant. The process involves filling out a application forms and gathering evidence to support your application. This includes architect plans, proof of when works were done, and other supporting evidence. You’ll need to include a site location plan the appropriate fee.

How Long Does it Take To Get a Lawful Development Certificate?

Once you’ve put your application in and submitted the supporting evidence, you need to wait around 8 weeks. If it takes longer then your right to appeal is triggered and you can appeal the decision. 

Can Anyone Object to a Lawful Development Certificate?

A Lawful Development Certificate can only be denied on the basis of being unlawful. Neighbours or members of the community can not object to it. 

Can You Appeal if Your Application For a Lawful Development Certificate is rejected?

You have the right to appeal if your application takes longer than 8 weeks or if it is rejected. It is recommended to have a planning consultant review and amend your application for appeal, to increase the odds of success.

Can Lawful Development Certificates Be Revoked?

Only is special circumstances, such as if the application was made with misleading supporting evidence, or where relevant information was either false or simply withheld. They can not be revoked just because the local planning authority made a mistake. If a certificate is revoked then the owner can be liable for immediate enforcement action. Making false or misleading statements is a criminal offence which can carry a maximum of 2 years imprisonment, a large fine or both!

Read our C2 page on Supported Living for more information

Some proposed uses are specifically allowed without the need for planning permission, for example:

• When both existing and proposed uses are within the same use class, for example Use Class E uses
• Where permitted development allows for such changes, for example Use Class C3 to Class C4 (subject to any Article 4)
• Where a change of use is not deemed to be a material change of use.

Service providers are exploring ways to use residential properties for care and support for both adults and children as the demand for supported living/care homes grows.

Some uses may be covered under Use Class C3(b), (for example where up to six people are living together as a single household and receiving care), while other uses may fall under Use Class C2 (Residential Institution).

As Use Class C3(b) is a subset of Use Class C3, unless there are specific restrictions limiting such use. Such change of use within the same class is not normally classed as development.

If a change of use to Use Class C2 has deemed to occur, only a material change requires planning permission. If it can be demonstrated that the change is not material, then planning permission may not be required.

Key Requirements for a CLOPUD Application for Supported Living

To obtain a CLOPUD you need to demonstrate that your proposed use either falls within the same use class or does not represent a material change of use. Applications are typically supported by detailed information on how the proposed use will operate, for example staff rota’s and day-to-day operations.

A step-by-step guide to the CLOPUD Application Process for Supported Living

• Eligibility Check – Confirm the proposed use doesn’t require planning permission i.e. It is not classed as development
• Supporting Documentation Gathering –  Compile everything to help prove the lawfulness of the proposed use of the property.
• Prepare a Planning Statement – Use the statement to demonstrate how your proposed use is lawful.
• Complete and Submit the Application. Ensure supporting documents and evidence are included.
• Pay the Application Fee.

Plande’s Tips for a Successful CLOPUD Application

• Be thorough – Missing documents delay and jeopardise the application and give reasons for the LPA to refuse your CLOPUD application.
• Get professional help – Using a Planning consultant strengthens your case.
• Act early – Don’t wait until you’re selling a property, applying for a license or facing enforcement action.

Let plande help you with the process and secure your CLOPUD. Contact us today to start the process.