Planning lawful development certificate

[Sye Hu]

hi would anyone know once you have obtained a lawful development certificate how long do you have to carry out the build.
On normal planning application you have three years within to start the build is it same for the lawful development certificate ?

 

[^woody^]

Anytime before the Apocalypse.

It's not permission to build, it's confirmation that what you want to do is already lawful - and therefore does not need permission.

 

[Sye Hu]

Thanks Woody just wanted to make sure as I spoke to the council and they said that I had three years in the time to build it hence the confusion.. just for clarity if the law changes in relation to lawful build do u know if it will effect the lawful cert what I have already

 

[^woody^]

If LDC is for proposed development ( ie a question), then the assessment is of that in context of current law. If the law changes before the development is started, then the work may not be lawful and the LDC invalid.

 

[Sye Hu]

Hi Woody once again to clarify if it has been started but not finished the council cannot take any action if the law changes

 

[^woody^]

Yes, started.

 

[Sye Hu]

Thanks Woody 4 confirming u been great

 

[tony1851]

Give him a little gold star - he laps it up.

 

[Sye Hu]

Woody while we on the subject I having a discussion with a college in relation to lawful ddevelopment.. I am saying if you build an outbuilding and its constructed as permitted regs but a lawful cert has not been applied for... Planning enforcement cannot issue an enforcement notice against it am I right

 

[^woody^]

LDC's are only for comfort or curiosity. All they do is state formally that something is lawful development. An LDC is not a requirement for making something lawful, and applying for one is optional.

If your outbuilding is built to comply with permitted development (which is a sort of pre-approval of planning permission) then it is already lawful, and does not require proof of being lawful via a LDC. It can not be enforced against if it is already lawful when built.

 

[^woody^]

Give him a little gold star - he laps it up.

Welcome Tony. I hope you've learnt something new today.

 

[Sye Hu]

Yeah that's what I told him .. but he said a friend of his made an outbuilding in the rear of his garden height under 2.5 m height and 25% of the house cartilage.. he told me the enforcement came down and said it was to big to be used harmoniously with the house .. he has bee told to demolish it or an enforcement notice willb served . Also he submitted an application for an lawful cert but it was refused as the council said it was to bug to be used harmoniously with house ..I told him to tell his friend dont appeal just leave it be and wait for 4 years ... ? what do u think

 

[^woody^]

That building must have been outside the permitted development limits, and must have required planning permission in the first case then.

He can't use the four year rule now that the council know about it and have served a notice.

 

[tony1851]

That building must have been outside the permitted development limits, and must have required planning permission in the first case then.

Not necessarily; the physical dimensions might have complied with the size constraints in the GPDO. The only objection the LPA appeared to have was that it was 'too big to be used harmoniously (sic) with the house'.

To be p.d., a curtilage building needs to be 'incidental to the enjoyment of the dwelling'. There are many appeal cases where overall size (ie footprint) and internal arrangement determine whether or not it is p.d. It could be down to a question of fact and degree, in which case the LPA was not necessarily correct.
Personally, I would have been inclined to sit that one out (assuming an Enforcement Notice hadn't already been served).

 

[Sye Hu]

Hi Woody I been told that his applicationfor a lawful cert was made for housing two prestige cars and the remainder for a jym and a play area .. ifs all open plan... Also the roof had already been put on and its been out on hold and its been a year another words its not been completed..what do you think about submitting an full planning application?