Why a Lawful Development Certificate Must Be Backed Up by Evidence

A Lawful Development Certificate (LDC) is an essential document for property owners and developers who want to confirm that a particular development or use of land is lawful under planning law. Whether you are looking to validate an existing development, establish the lawfulness of a change in land use, or confirm that your intended development does not require planning permission, an LDC is crucial for providing certainty.

However, simply applying for a Lawful Development Certificate is not enough. To secure the certificate, your application must be backed up by credible and thorough evidence that demonstrates the lawfulness of your development or use of land. Without strong evidence, your application may be rejected or delayed, causing frustration and potential financial loss.

In this article, we will explain why evidence is so critical when applying for a Lawful Development Certificate and provide easy-to-follow steps to help ensure your application is robust and likely to succeed.

What is a Lawful Development Certificate?

A LDC is an official document issued by your local planning authority (LPA) that confirms whether a specific use of land or building is lawful under planning law. There are two types of LDC:

1. Existing Use or Development (Certificate of Lawful Development for Existing Use or Development – CLEUD): This confirms that the current use or development is lawful because it has been in place for a certain period of time, usually 10 years for most developments (although this only changed in April 2024) or did not require planning permission in the first instance.
2. Proposed Use or Development (Certificate of Lawful Development for Proposed Use or Development CLOPUD): This confirms that the proposed use or development is lawful, meaning it does not require planning permission, usually because it falls within permitted development rights, is not development or there has been no material change of use.

The primary function of an LDC is to provide legal certainty. For example, if a building has been used for a particular purpose for 10 years or more, and there is no planning permission for the change, an LDC will help prove that the use is lawful, which can be crucial if you are selling the property or applying for a mortgage.

Why Must a Lawful Development Certificate Be Backed Up by Evidence?

When applying for an LDC, your Local Planning Authority (LPA)needs clear evidence to support your claim that the use or development is lawful. The LPA must be satisfied that your proposed or existing use complies with planning regulations and so the onus of proof is on the applicant.

There are several reasons why evidence is vital for a successful LDC application:

1. Proof of Lawfulness: Planning can be complicated, and the burden of proof rests on you as the applicant. To establish the lawfulness of your development or use, you must demonstrate that it complies with relevant planning regulations. Without solid evidence, such as photographs, witness statements, or legal documents, it can be difficult for the LPA to determine whether the development is lawful.
2. Addressing Time Requirements: For LDCs related to existing uses or developments when you are relying on the timeframe for enforcement elapsing, you must show that the development has been in place for the necessary time, take a look at our article 4 year or 10 year rule for a CLEUD for more information.  Without proper documentation such as historical photographs, planning records, or utility bills, the LPA may be unable to verify the timeline.
3. Avoiding Delays: Submitting an incomplete or poorly supported application can cause unnecessary delays, as the LPA may require additional evidence or documentation. This not only prolongs the process but may also result in a refusal if the correct evidence is not provided in time.

Steps to Ensure Your Lawful Development Certificate Application Is Well-Backed by Evidence

A well-documented application is crucial for securing a successful Lawful Development Certificate. Below are the key steps to ensure your application is backed up by solid evidence:

1. Understand What Evidence Is Required

Before submitting your application, understand exactly what evidence is needed for your specific LDC request. The type of evidence varies depending on whether you’re applying for an LDC for existing use or for a proposed development:

• For an Existing Use or Development: Evidence might include:
  • Photographs showing the property in its current state.
  • Proof of the property’s use over time, such as tenancy agreements, utility bills, council tax records, or invoices.
  • A statutory declaration from individuals who can verify the use or development over time.
  • Historical maps, building records, or planning history documents from the local council.
• For a Proposed Development: Evidence might include:
  • Drawings or site plans showing the proposed development and its compliance with permitted development rights.
  • Any correspondence or documents from a planning consultant confirming that your proposed development complies with planning regulations.
  • Material appeal decisions.

2. Collect and Organise Your Evidence

Once you understand the type of evidence you need, start collecting relevant documents and organising them in a way that makes it easy for the LPA to review. Make sure all the evidence is clear, dated, and relevant to your application. Well-organised evidence reduces the chances of confusion and ensures the planning officer can easily assess your application.

3. Seek Professional Advice if Needed

If you are unsure about the type of evidence required or how to present your case effectively, consider consulting a town planner or planning consultant. A planning professional can help you navigate the complexities of planning law, identify the necessary evidence, and ensure your application is as robust as possible. They can also assist with organising your evidence and communicating with the local planning authority to expedite the process.

4. Be Prepared for Follow-Up Requests

After you submit your application, the LPA may contact you for additional information or clarification. Be prepared to respond promptly and provide any additional evidence that is requested. This will help prevent delays and keep the process moving smoothly.

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, along with a number of article in our Certificate of Lawfulness Collection.

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.