(There is an update piece to this article, dated 21st December 2023 – read more here.)
The Levelling Up and Regeneration Bill, currently under House of Commons Committee debate, could make significant changes to the planning regulation landscape. One of the proposed key changes impacts Lawful Development Certificates (LDC). In a bid to tighten up the planning process, the 4 year Certificate application option will be phased out as part of the new Bill.
This means that once the Bill is passed all Certificates of Lawfulness will need to provide 10 years worth of continuous evidence in order to be granted.
What is a LDC?
A Lawful Development Certificate seeks to establish whether an existing use of land, operational development or an activity in breach of planning control is lawful. It is also used to establish whether the proposed use of buildings, land or operations would be lawful.
Currently there are two types of Lawful Development Certificate – one is for 4 years and the other is for 10 years.
The 4 year rule allows development that has been carried out in breach of planning control to become ‘lawful’ and therefore immune from enforcement action, provided a Certificate of Lawfulness is applied for ( under Section 191 of the Town and Country Planning Act 1990 (as amended)) and granted. This applies to operational works and to the use of a permanent building as a dwelling house.
It is worth noting that there are exceptions to the 4 year rule and these include (but are not limited to) being in breach of a condition or limitation on a previous planning permission. For example, you cannot apply for the 4 year rule LDC if you are trying to convert an annexe to a separate dwelling and there is an existing planning condition limiting that very change of use. You would need to apply via the 10 year rule, or apply to either vary/remove the condition, or seek planning permission to change it instead.
The 10 year rule applies for all other development and runs from the date the breach of planning control was committed.
We are often approached by clients who are in the situation of selling their property and a legal search identifies that a use or part of the built form does not have the requisite planning permission. In these circumstances, the owner may seek to regularise the use/built form to clearly establish the ‘lawful’ land use.
Timings
For operational works the 4 year clock starts ticking when works are ‘substantially’ completed.
For change of use to a dwelling house, when a person(s) actively occupies a building as a residence.
How long do I have to utilise the 4 year rule Certificate of Lawfulness?
The new Levelling Up and Regeneration Bill is anticipated to be passed by 2024 at the earliest. Provided you have the requisite evidence and meet the requirements for such an application it would be wise to get your application in sooner rather than later.
Not sure what you need, or which application method is right for your situation? We can help you with some initial research to determine a way forward. The rules are complex and also dependent on the range and quality of evidence available, so no two applications are the same.
Evidence must be supplied by the applicant. We can add value to your case by reviewing the evidence you have and organising it into a legible and neatly presented pack with a supporting statement. As with all Certificates of Lawfulness the onus is on the applicant to prove ‘on the balance of probability’ that the development or use is lawful.
If I have 4 years worth of evidence to substantiate my application should I do it now?
In short, there is no time like the present, if you have something that needs to be regularised and given the uncertain political backdrop, then it is worth assessing if you have the necessary information to enable a 4 year Lawful Development Certificate application.
Contact us to receive a no obligation fee quote for us to undertake an initial assessment of the planning history, application objectives and quantum and type of evidence to give you a steer on how best to proceed / if a LDC is worth pursuing.
About us
We are Plainview Planning – a solutions orientated, experienced and knowledgeable team of planning consultants. If you need professional and informed planning support with your development project, then contact our team via enquiries@plainview.co.uk, to see how we can best assist you, providing the site address and a brief overview of your project. We value your privacy and any information which you provide will not be shared outside of our company and will only be used in relation to your enquiry.