As town planning consultants, it’s our role to ensure that our clients development projects proceed smoothly, hopefully without unnecessary hurdles or delays. One essential and often overlooked tool in navigating the planning process here in England is the Certificate of Lawful Development (known as an LDC or CLD). But what is a Certificate of Lawful Development, and why is it important?
In this article, we’ll explain what a Certificate of Lawful Development is, why you might need one, and how it could impact your proposed development plans.
What is a Certificate of Lawful Development (LDC)?
A Certificate of Lawful Development (LDC) is an official document issued by your local planning authority that confirms whether a proposed development, or an existing development, is lawful under planning law. It’s a form of protection for you, confirming that your planned work or use of land complies with current planning regulations. The certificate can help avoid future disputes about the legality of a development, giving you confidence to proceed with your plans.
In essence, there are two types of LDCs:
- Certificate of Lawfulness for Proposed Development (CLOPD)
This certificate confirms that the proposed development you are planning will be considered lawful under planning legislation. By obtaining a CLOPD, you gain reassurance that your plans meet requirements, meaning you won’t face enforcement action in the future. We have a Practical Guide on Certificate of Lawful Proposed Use or Development (CLPUD also known as a CLOPUD) which provides more information.
- Certificate of Lawfulness for Existing Use or Development (CLOED)
If you already have existing development or land use that you believe is lawful but not formally recognised, this certificate can confirm that the development complies with planning law, thus providing protection from enforcement action. For further information take a look at our Practical Guide on a Certificate of Lawful Existing Use or Development (CLEUD).
Why Apply for a Certificate of Lawful Development?
Whether you’re considering a small project or a more substantial development, a Certificate of Lawful Development offers a range of benefits:
- Peace of Mind
Obtaining a LDC provides legal certainty. For example, if you’re planning to extend your home or change its use, a CLOPD can verify that your project doesn’t require a full planning application, either because it falls under “permitted development” rights or because it complies with relevant requirements. This can save you time and money, as well as potential setbacks caused by objections or complications.
- Avoidance of Planning Enforcement
One of the most critical reasons for obtaining a LDC is to avoid the risk of enforcement action by your local planning authority. If your development is deemed unlawful, you could face costly fines or be required to remove the work entirely. A LDC provides the protection needed to demonstrate your development’s legality, offering you peace of mind that you are within your rights.
- Clarification of Permitted Development Rights
Many property owners are unaware of the full scope of permitted development rights, which allow certain minor changes without needing formal planning permission. A CLOPD can clarify whether your proposal falls under these rights, streamlining the process and potentially avoiding the complexity of a full planning application.
- Helpful for Property Transactions
If you’re looking to sell your property or undertake a major development, a LDC can add value and clarity to your dealings. Potential buyers or investors will appreciate the certainty that the property’s use or the changes you’ve made are lawful. It can also help you to move forward with the next stages of development with minimal risk.
The Application Process for a Certificate of Lawful Development
Applying for a LDC is relatively straightforward, but it’s important to follow the correct process to avoid delays or complications:
- Consultation: Initially, I would recommend consulting with a planning professional to assess whether your proposed development or use is likely to be lawful. This step ensures that your application is based on accurate, up-to-date information.
- Preparation: You will need to provide detailed information about the proposed or existing development, including plans, photographs, and any other relevant documentation. This will demonstrate that the development falls within the scope of permitted rights or is otherwise lawful.
- Submission: The completed application is submitted to your local planning authority. The authority has 8 weeks to determine your application, however this timeframe is often exceeded.
- Outcome: If the local planning authority is satisfied that the proposal complies with the relevant legislation, they will issue the LDC. If not, they may refuse the application, in which case further planning advice will be required to understand how to proceed.
In Conclusion
For anyone embarking on a development project, whether it’s a simple house extension, material (or non-material change of use) or a large-scale land development, a Certificate of Lawful Development offers significant benefits. Not only does it provide clarity and protection, but it also helps streamline the planning process, making it easier to move forward with your project. By ensuring that your development is lawful, you can avoid future headaches, whether that’s enforcement action or unexpected planning issues.
If you’re unsure whether a Certificate of Lawful Development is right for your project, or if you need assistance with the application process, we’d be happy to provide guidance. At Planning House, we have the expertise to support you in achieving your development goals with confidence.
Let’s get your project off to the right start—contact us today to discuss how a Certificate of Lawful Development can benefit you!
Related Content:
Our FREE Practical Guides cover the basics of for Certificate of Lawful Proposed Use or Development (CLPUD) and Certificate of Lawful Existing Use or Development (CLEUD) are available on our website .
However, if you need assistance then don’t hesitate to Contact Us for a free initial consultation If you’re not sure if you need help from a Town Planner take a look at blog on When to Hire a Town Planner our download a Guide on How to Choose a Town Planner.
