Lawful Development Certificate Appeals in planning terms are a very black and white type of appeals, as there is no grey or interpretable area as such, and as such they require a very high level of attention to detail to achieve success. With these types of appeals you are usually appealing to legalise a development or use.
At HEAL Planning we see a lot of customers who have attempted to apply previously for a Lawful Development Certificate, not realising the level of evidence and proof that is required, or how it should be detailed and presented in order for the application to be successful.
The level of detail needed to meet the threshold for a council to grant the permission is vitally important for these types of applications to succeed, failure to do so will result in a refusal.
Often when we see an application that has been refused it is a straightforward process and either we recommend resubmitting the application with the details and evidence correctly provided and structured.
Or alternatively if the evidence was correctly supplied and the council have simply made a mistake or politicly the local authority don’t want to approve then an appeal would be the better option taking the decision away from the local authority altogether.
Deciding which route is best in these circumstances very much depends upon the evidence and details available and the local authority in question. We will determine which route we recommend following a free no obligation case assessment which can be organised by contacting us.
If we assess that the evidence is strong and can simply be repackaged, as such then we normally favour the revised application route as it gains a positive decision quicker. However each case is always very different and we always asses each individual case on its own merits.
If you are looking to appeal a Lawful Development Certificate Application refusal then I would most definintely recommend gaining professional assistance to do so, as the consequences of a failed application can escalate very quickly.
Attention to detail is paramount with all Lawful Development Certificate appeals and so is cataloguing and detailing the evidence and proof to satisfy the presumption of probability that will result in a successful application.
When we at HEAL Planning submit a Certificate of Lawful Development Appeal they are always where possible accompanied by the following documents, proof and evidence to substantiate the application.
1) A detailed planning statement that provides a clear understanding and a catalogued list of the proof and evidence to the local planning authority of what is included. This helps a planning officer understand what is being proposed and why the permission should be granted.
2) Evidence and Proof – this can be receipts, invoices, photos and other documents that might be appropriate.
3) Witness Statements – ideally all witness statements should be supplied as detailed Statutory Declarations verifying the evidence and proof that has been supplied in detail. There is no room for ambiguity with Lawful Certificate Applications. Statutory declarations provide substantial weight to applications and will be signed in the presence of a solicitor.
Often a Certificate of Lawful Development appeal is made to legalise a use or development that already exists, and it gains to prove that the development meets with either permitted development rights, the 4 and 10 year rules or demonstrates that the use or development was completed prior to the introduction of an article 4 direction, the later is often the case for many operators of Houses of Multiple Occupancy or HMOs as they are more commonly known.
Lawful Development Certificate appeals are also popular for clients who have used their gardens or areas of their land as gardens and are being told they cannot. If they have built an extension or outbuilding and are being told they need to take it down by the local enforcement officer.
– Other regular examples include;
– Converted outbuildings
– Outbuildings being rented out
– Shops or office buildings that the legal use does not match the current use permission
– Loft conversions
– Dorma Windows in Lofts
– Walls and boundary treatments
This list is not exhaustive and there are many more we regularly deal with.
If your application has been refused and you wish to prove your legality of your use or development by appealing to the planning inspectorate prior to the local authority serving an enforcement notice, then I would urge you to do so and to employ the services of an organisation that has successful experience in these types of applications.
Failure to prove the legality of the development or use will probably mean that you will be in breach of planning control and open to enforcement action which will cost you more to deal with.
Please also be mindful that you have a limited time to appeal and enforcement cases even less and as such being proactive sooner will allow time for everything to be collated and detailed as needed to provide you with your best chance of success.
On that note HEAL Planning are able to help you with your Certificate of Lawful development appeal if you are based in England or Wales.
Our planning and legal teams deal with these types of applications on a daily basis and as such, we have the knowledge and ability to advise where and when additional evidence would be needed during the process.
Unlike other planning consultancies we have both planning experts and solicitors who work on your case ensuring that all sides are covered, providing you with the best chance of success at all times.
If you would like a free no obligation consultation with myself or a member of our team please call us on 01743 369911 or email firstname.lastname@example.org and give your lawful certificate application its best chance of success.
Lawful Development Certificate Appeals