Application for a Lawful Development Certificate for a Proposed Use or Development

Guidance Notes for Applicants

1. Applicant Name and Address 

Please enter the Applicant Details including: first name, last name and whether the application address is the same as the Site Address. Please also enter the house/flat number and/or name (if applicable) and street name in the Street address field (‘Address 1’). The town, county, country and full postcode should also be entered. 

If the form is completed by an agent (i.e. someone who is acting on the applicant’s behalf) all correspondence from the council will be sent to him or her.

2. Agent Name and Address

Please enter the Agent Details including: first name, last name and whether the application address is the same as the Site Address. Please also enter the house/flat number and/or name (if applicable) and street name in the Street address field. The town, county, country and full postcode should also be entered. If the application is being submitted by an agent (ie someone who is acting on the applicant’s behalf) all correspondence, including the decision letter, will be sent to the agent.

3. Site Address Details 

Please enter the full postal address of the site. Enter the house/flat number and / or name (if appropriate) and street name in the Street address field. The town, county, country and full postcode should also be entered. If the application relates to open ground describe its location as clearly as possible (e.g. ‘Land to rear of 12 to 18 High Street’ or provide a grid reference). 

When you submit a location plan, it is recommended that this is at a scale of 1:1250 or 1:2500 (or larger), showing at least two named roads and surrounding buildings. The properties shown should be numbered or named to ensure that the exact location of the application site is clear. 

The application site must be edged clearly with a red line on the location plan. It should include all land necessary to carry out the proposed development (e.g. land required for access to the site from a public highway, visibility splays (access around a road junction or access, which should be free from obstruction), landscaping, car parking and open areas around buildings).

A blue line must be drawn on the plan around any other land owned by the applicant, close to or adjoining the application site. 

All plans must be to a metric scale and any figured dimensions given in metres and a scale bar should be included.

4. Pre-application Advice 

The local authority may be able to offer (possibly for a fee) pre-application discussions before a formal application is submitted in order to guide applicants through the process. This can minimise delays later in processing the application. 

Pre-application discussions can also help you and the planning authority identify areas of concern about your proposed development so that you can give consideration to amending your proposal before the application is submitted. The advice and guidance given to you at the pre-application stage is given in good faith. However, it does not guarantee or supply a definitive undertaking as to whether your proposal is likely to be acceptable.

If you have received pre-application advice from the planning service please indicate the reference/date of any correspondence or discussion and the name of the officer. If you do not know these details then please state ‘Unknown’. 

This will assist the Council in dealing with your application as quickly as possible.

5. Lawful development Certificate – Interest in Land 

Please specify the applicant’s interest in the land. An Owner is the freeholder of the site and anyone who has a leasehold interest with at least seven years unexpired. 

6. Council Employee/Member 

You must declare whether the applicant or agent is a member of the council’s staff, an elected member of the Council or related to a member of staff or elected member of the Council. 

7. Grounds for Application 

You must explain in your own words why you consider a Lawful Development Certificate should be granted. The evidence necessary to prove your entitlement to a certificate will depend on what is applied for, but you should always remember that for the emphasis is on the applicant to convince the local authority that a certificate should be issued. Therefore, the evidence submitted should be clear and convincing.

It is important that you state the relevant Use Class (if any) of any development deemed lawful. The Use Classes of the Town and Country Planning (Use Classes) Order 1987 (as amended)

8. Description of Proposal 

If the proposal consists of, or includes, carrying out building or other operations, please give a detailed description of all* such operations and attach such plans or drawings as are necessary to show their precise nature. (In the case of a proposed building, the plans should indicate its precise siting and exact dimensions.) 

9. Planning Application Requirements - Checklist 

Please use the checklist to ensure that the forms have been correctly completed and that all relevant information is submitted. Failure to complete the form correctly or to supply sufficiently detailed drawings or other relevant supporting information will result in your application being returned as invalid. 

10. Declaration 

Please sign and date your application 

11. Applicant Contact Details

Please provide contact information for the applicant. 

12. Agent Contact Details 

Please provide contact information for the agent. 

13. Site Visit 

Access to the site (i.e. where the works are proposed to take place) may be required by the case officer. Please provide contact details in the event that an appointment needs to be made. This will assist the Council in dealing with your application as quickly as possible.