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.

Contact Details
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Do you need further information?

If for some reason you are unable to find the information which you require on our website, you can contact us by the following methods.


address logoDevelopment Management: Town Hall, Ripley, Derbyshire, DE5 3BT
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