Meeting documents
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Introduction |
In its capacity as the Local Planning Authority the Council deals with not only different types of planning applications, but many other types of formal consultation, notification and consent. This includes Lawful Development Certificates and Members have requested an information sheet to clarify the nature and extent of such applications. |
A person who wishes to establish whether a use, operation or activity is lawful in planning terms may apply to the Council for a Lawful Development Certificate (LDC). There are two types of LDC: |
1. For an existing use or operation, or an activity in breach of a planning condition, or, |
2. For a proposed use or development. |
Distinction between the two types of Certificate is sometimes made by using the ugly acronyms CLEUD (Certificate of Lawfulness of Existing Use or Development) and CLOPUD (Certificate of Lawfulness of Proposed Use or Development). |
At Wycombe a planning reference ending in the suffix CLE (e.g. 09/05000/CLE) is an application for a Certificate of Lawfulness of Existing Use or Development. A planning reference ending in the suffix CLP (e.g. 09/05000/CLP) is an application for a Certificate of Lawfulness of Proposed Use. |
An application for a lawful development certificate (LDC) is not like an application for planning permission, where the decision will be made on the merits of a proposal, having regard to Council and national planning policies and any comments made about it by the public. |
An LDC application is assessed purely on the basis of the evidence submitted in support of it, and on any other evidence that the Council may have (such as its own records), or may obtain during processing of the application. If, on the balance of probabilities, the Council is satisfied that the activity or the development is lawful, the LDC application must be granted. However if the applicant submits insufficient evidence or the Council has contrary evidence, which the applicant fails to clarify or comment on then the Council will issue Notice of Refusal; on the basis that it is not satisfied on the evidence submitted that the activity or operation is lawful. |
The decision is therefore a “legal” one rather than based on its planning merits. At Wycombe this distinction is reflected in the fact that the power to determine such applications is delegated to the Head of Legal Services, and not the Head of Planning & Sustainability as is the case with other “planning” decisions. |
There is a right of appeal to the Planning Inspectorate against the refusal of an LDC application. It is also possible to submit a second application, with more (or different) evidence. In every case the decision will rest on the quality of the evidence available to the Council. |
Once an LDC has been granted it has much the same effect as a planning permission in that it provides an official record that the activity or development is legitimate in planning terms. |
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What "Lawful" Means |
In planning law, uses or operations are lawful if no enforcement action may be taken against them and they are not in contravention of any enforcement notice which is in force on the property. |
Also, a failure to comply with any condition on a planning permission is lawful if the time for taking action about the failure has expired and it is not in contravention of any enforcement notice or breach of condition notice which is in force on the property. |
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Fees |
The fee for an application to establish the lawfulness of an existing use, etc, is the same as would be charged for an application for planning permission for the same use, operation or activity. |
The fee for an application to establish the lawfulness of a proposed use or development is 50% of what would be charged for an application for planning permission for the same use or development. |
How many are being received? |
The number of Lawful Development Certificate applications received is relatively low, at less than 100 a year. A breakdown of the numbers of these applications received by ward and parish is attached as Appendix A. This table shows that these applications are geographically spread across the District: Flackwell Heath and Little Marlow receiving slightly more than most, although these were all for proposed development. |
Number of Lawful Development Applications received |
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The table above indicates that although still relatively low the number of such applications is rapidly increasing. In 1999-2001 the figures were relatively static at between 20 and 30 per year. From 2006 however they have been increasing and are set to reach an all time peak during this financial year. |
Key Issues for Members: |
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Appendix A |
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LAWFUL DEVELOPMENT CERTIFICATES RECEIVED BY WARD |
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