Lawful Development Certificates (LDCs) - What Are They & Do I Need One?

Lawful Development Certificates (LDCs) are an essential part of the planning system in the United Kingdom. They provide a way to establish the legality of certain types of development or use of land or buildings.

LDCs are particularly useful for property owners, developers, and potential buyers who wish to ensure that their current or intended use of a property is lawful.

Types of LDCs

There are two main types of Lawful Development Certificates:

Certificate of Lawfulness for Existing Use or Development (CLUED):
- This certificate is used to confirm that an existing use of land or buildings, or any operational development, is lawful. It is typically sought when there is doubt about the legality of something that has already been done.
Certificate of Lawfulness for Proposed Use or Development (CLOPUD):
- This certificate is sought to verify that a proposed use or development would be lawful if carried out. It is often used by property owners to ensure that their plans for development comply with planning laws before they commence work.

Why Obtain an LDC?

Obtaining an LDC can be beneficial for several reasons:

Legal Protection: It provides legal assurance that a particular use or development is lawful and cannot be subject to enforcement action by the local planning authority.
Property Transactions: It can facilitate the buying or selling of a property by providing proof of legality to potential buyers or lenders.
Peace of Mind: It offers peace of mind to property owners and developers, knowing that their activities are compliant with planning regulations.

How to Apply for an LDC

Applying for an LDC involves submitting an application to the local planning authority. The application should include:

A completed application form
A clear and precise description of the relevant use or development
Supporting evidence, such as plans, photographs, sworn statements, or historical records
Payment of the applicable fee

The local planning authority will assess the application based on the evidence provided and the relevant planning laws. They may request additional information if necessary.

Decision and Appeal

Once the local planning authority has reviewed the application, they will issue a decision. If granted, the LDC will confirm the lawfulness of the use or development. If refused, the applicant has the right to appeal the decision.

Appeals are handled by the Planning Inspectorate, and applicants must submit their appeal within a specific timeframe, usually within six months of the decision.

Summary

Lawful Development Certificates play a crucial role in the planning system by providing certainty and clarity regarding the legality of existing or proposed developments. Whether you are a property owner, developer, or buyer, understanding how LDCs work can help ensure that your property transactions and developments are legally sound.

Contact Atrium Planning Consultants to find out more or get a quotation on our website.