WHAT IS A LAWFUL DEVELOPMENT CERTIFICATE?

If you want proof that your project is permissible under PD Rights and does not require planning permission, we advise that you apply to your LPA through the planning portal for a Lawful Development Certificate (LDC). This is especially useful for protecting you when you come to sell your property in the future.


The application process is similar to a planning application. We have experience in dealing with Lawful Development Certificates and we can handle this process for you. If your application is partially or wholly refused, you can appeal to the Planning Inspectorate.


You can continue to build without applying for a lawful development certificate although it can be extremely risky. On the off-chance that your plans aren’t compliant within the restrictions outlined for permitted development, you may have to remove the ‘development’ at your own expense.


Prior Approval Applications

In addition to the Permitted Development Rights, to streamline the planning system, Prior Approval applications were introduced to allow additional development under the Permitted Development route. In order for development to be eligible for these permitted development rights, each ‘Class’ specified has associated limitations and conditions that proposals must comply with.


One such condition may be the submission of an application to the LPA to determine if it’s Prior Approvals will be required. This allows the Local Planning Authority to consider the proposals and their likely impacts in regard to certain factors (e.g. transport and highways) and how these may be mitigated.


Does CIL Apply to Development Under Permitted Development?

Development under ‘general consent’ (permitted development or prior notification/ approval) is CIL liable if a new dwelling is being created (even through change of use) or if more than 100sqm of new Use Class A1-A5 floor space is created on site.


Read our guide on the Community Infrastructure Levy to understand how its calculated and the process in securing potential exemptions or reliefs.


If you intend to develop through general consent, you must complete and submit ‘CIL Form 5: Notice of Chargeable Development’ which can be found on the Planning Portal’s website.

A lawful development certificate is the easiest way to ensure a project complies with the law. At Arkhi we’re familiar with the process and can help avoid unnecessary charges. If you would like to find out more or discuss your project with one of the Arkhi team, get in touch on 01260 540170 or drop us an email at hi@arkhi.co.uk.

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