Lawful Development Certificate (LDC)
- This is low-cost, fast track process for small scale changes that do not require planning permission.
- These changes are described as “permitted development” (PD). The owner could, if they were sure the proposal is covered under PD make the changes with no reference to the local council and no planning permission.
- PD changes include attic conversions, installation of skylights or a dormer window in a roof, garden landscaping, garage conversions, addition of a conservatory, installation of a front porch, installation of solar panels on the roof, a satellite dish on the wall and, removal of internal non-load bearing walls. But for each change there are usually limits to the size, design and materials that may be utilised and still remain within the PD framework
- There may remain a possibility that a design is not fully compliant to PD. If the owner was to proceed to make the changes then they expose themselves to the risk tha they may be forced to reverse the change (at their own cost).
- The owner benefits in three ways by applying for and receiving a LDC:-
- Validates many of the statements and the designs provided by a builder and/or supply company
- Gains evidence that the council is aware and accepts that the design is within the PD rules. On the basis that the owner does not deviate from the agreed plans, the council will be unable to require it to be removed at a future date (even if the LDC was issued in error)
- Provides documentary evidence that the development did not need planning permission. Such evidence may be required as part of a future house sale process.
- There can also be planning rules that negate some changes under the PD/LDC path. These restrictions can be due to the area being designated a conservation area, the property already having PD developments, or the property having planning conditions imposed. In these situations the developed is not refused, but the owner is required to submit a full planning application
- LDC applications are not open to consultation. The planning officer will assess whether the proposal is within the PD framework and issue a certificate
- The granting of an LDC is not the same as “planning permission” being granted. The council is simply saying that - “based on what has been described the proposal is within the PD framework”.
- Typically, where an owner fails to be granted an LDC, they are invited to submit a full planning application. There is no opportunity for the owner to appeal the decision – but they could submit a new LDC Application
Introduction to the types of Planning Application
Cont..
Disclaimer
The information and opinions within this site are for information purposes only. They are not intended to constitute legal or other professional advice, and should not be relied on or treated as a substitute for specific advice relevant to particular circumstances. Local Planning Apps shall accept no responsibility for any errors, omissions or misleading statements on this site or for any loss which may arise from reliance on information contained within this site. No mention of any products, shall imply any approval or warranty as to the standing and capability of any such products on the part of Local Planning Apps or its clients.
© Copyright Geoff James 2016
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