Permitted Development Enquiries and Lawful Development Certificates (Proposed Developments)
You may apply for a lawful development certificate if you
wish to find out whether any proposed development (including
householder and non-residential development), which would otherwise
be 'permitted development' (by virtue of provisions in the General
Permitted Development Order), requires the submission of a planning
application.
Lawful Development Certificates provide the possibility of
obtaining a statutory document confirming that the proposed
development contained within it is lawful for planning control
purposes on the dates specified in the document. The issue of a
certificate depends entirely on factual evidence about the history
and planning status of a building or land and the interpretation of
any relevant planning law or judicial authority.
The grant of a certificate applies only to the lawfulness of
development proposed, in accordance with planning legislation.
A decision on the Certificate of Lawful Development is legally
binding, and, providing the development is carried out in
accordance with the details contained within the Certificate,
protects the applicant from any potential error made in the
interpretation of relevant planning law.
From 1st April 2011 the Council will no longer be providing the
Householder Permitted Development Questionnaire service and the
only option available for customers in establishing whether or not
planning permission is required for any proposed development from
the Council will be to submit a Certificate of Lawful Development.
In submitting a formal Certificate of Lawful Development
application the applicant will be provided with certainty through
the issuing of a formally legally binding decision notice at the
end of the process.
A Certificate of Lawful Development application for proposed
development could take up to 8 weeks to determine and the fee for
this type of application is half of the fee for an equivalent
planning application. For details on planning application fees,
please click on the following links:
Download Planning Fees
For a copy of the relevant application form please click on the
following link:
http://www.planningportal.gov.uk/PpApplications/genpub/en/Ecabinet
For further information on Lawful Development Certificates please
click on the following link:
http://www.communities.gov.uk/publications/planningandbuilding/developmentcertificates
Customers are advised to visit the interactive permitted
development pages of the Planning Portal website and/or appoint a
planning consultant regarding permitted development prior to
submitting a Certificate of Lawful Development application.
For further information from the Planning Portal please click on
the following links:
http://www.planningportal.gov.uk/permission/
http://www.planningportal.gov.uk/uploads/100806_PDforhouseholders_TechnicalGuidance.pdf
By applying for a Lawful Proposed Development Certificate there
is the opportunity to lodge an appeal to the Planning Inspectorate
(
http://www.planning-inspectorate.gov.uk/pins/appeals/planning_appeals/making_planning_appeal.htm)
if:
- your application is partly or wholly refused, or
- is granted differently from what you asked for, or
- is not determined within the time limit of eight weeks.