Certificates of Lawful Development

If a building has been erected, land has been used, or a planning condition has not been complied with, for a period of time in breach of planning control & no planning notice has been served in respect of that breach, then that building, land use, or breach of condition will be lawful, so that the council cannot take any enforcement action in respect of it.

It is sometimes desirable to seek the council's written confirmation that an existing development is lawful, or a proposed development of land will be lawful. Such confirmation comes in the form of a document often referred to as a Certificate of Lawful Development.

In order to obtain this certificate, a formal application will need to be made to the council. That application will need to be supported by statutory declarations & other evidence.

We can advise you, and if appropriate, prepare an application to the council on your behalf.

If you have already submitted an application but a certificate is refused, we can advise you, and if appropriate (if you have reasonable prospect of success) assist you to appeal that refusal.

Where enforcement action is threatened is respect of a breach of planning control, which can happen whether or not a certificate has been applied for, we can provide you with advice; liaise with the council on your behalf, and if necessary deal with the enforcement notice.