Planning permission or Lawful Development Certificate

[Hl.house]

Some weeks ago my architect told me that the planner said there are no objections so he will send it for approval. A week after that the architect said it is very frustrating but there is something contradictory and the planning officer has made up his mind to refuse despite the alternatives put in by the Architects for something which they believe is a permitted development. Two days ago I was told a new application will need to go in for a Certificate of Lawful development.

Is it a normal process to apply for Lawful Development Certificate if planning is an issue?

 

[^woody^]

Get a new architect. Non of that makes any sense

 

[Hl.house]

Thank you for your reply. The architects are renowned locally, ARB/RIBA registered and have plenty of applications to their credit on the local authority website. So we thought we are in safe hands. Too late to change now as we have already paid a hefty fee for their services.

My questions are:
1) Is LDC an alternative to planning permission?
2) When is LDC needed and when is PP needed?

 

[GeoffJ]

LDCs simply provide formal confirmation that something is "Permitted Development". There is no absolute mandate that says you must obtain an LDC. However, it is very wise to obtain an LDC for anything more then the simplest of PD projects.
An LDC application is not "refused" as in your can't do something. It will simply declined on the basis that what you propose is NOT PD and you are invited to submit a planning application.
Planning apps are a requirement for anything that is NOT PD.

 

[^woody^]

LDCs simply provide formal confirmation that something is "Permitted Development".

An LDC is granted to any lawful development, not just confirmation of PD.

It's typically used when someone wants to know if a particular use of land or a building would be lawful, but more commonly to certify that an existing use or development such as an extension is beyond enforcement action and thus lawful.

 

[^woody^]

My questions are

My question is - what are you actually applying for?

 

[Hl.house]

First of all thank you for all your answers. Apologies I had to be away so couldn't reply earlier.
Applied for:
1. Porch, front entrance. Not sure if we are within the 2m high way boundary as I don't know if the kerb is included/excluded. Some houses do have a porch.
2. Loft conversion. Not conservation, but Article 4.
3. Side return extension. Neighbour's window on their side(facing our house) and rear walls.
Events sequence:
1. Survey, drawings, PP application.
2. End of 6/7th week (IIRC) update, planning officer(PO) will recommend for approval as no response during consultation period which means no clear objections.
3. Next update(IIRC 2 weeks since last), PO says porch would upset symmetry and proportion of house and therefore the street, too close to highway for PD, rear extension would cause harm to neighbour by reducing light to window.
4. Next update, we will do a new application for LDC without porch.

 

[Hl.house]

Forgot to ask, out of the 3 things if thing is rejected then does it warrant a new application even if others are allowed?