Certificates of Lawful Development (LDC) and CLEUD
Certificates of Lawful Development
At HAD & Co, we assist in facilitating the submission of Certificates of Lawful Development (LDC) applications, providing a range of services to ensure your project complies with planning regulations. Our team can assist you in preparing detailed drawings, crafting supporting statements, and preparing necessary evidence to strengthen your application. With a track record of successful submissions, we are here to guide you through the process effectively.
Understanding Certificates of Lawful Development (LDC)
An LDC is a vital document that confirms whether a current or proposed use, operation, or activity on land adheres to planning. Issued by local planning authorities, it offers several essential benefits:
Protection Against Enforcement: An LDC safeguards your development from enforcement actions by local councils, providing peace of mind.
Compliance for Future Sales: It assures potential buyers that the development is lawful, facilitating smoother property transactions.
Permitted Development Proof: The certificate validates that the works carried out are classified as permitted development.
Key Features of Lawful Development Certificates:
Types: LDCs come in two forms: Proposed: This type confirms that a future project is not subject to planning permission.Existing: This type establishes that a completed or ongoing development is lawful.
Legal Determination: An LDC does not serve as planning permission but rather a legal verification based on substantial evidence demonstrating the legality of the development.
Applicability: Obtaining an LDC is particularly beneficial for resolving uncertainties, ensuring compliance during property sales, and validating lawful additions such as extensions or conversions.
Application Process: Applications are submitted to the Local Planning Authority, typically with a decision timeframe of around 8 weeks.
Exemption from Enforcement: Once granted, the council loses the right to enforce any action against the lawful development.
Time Limits for Existing Uses: An LDC can confirm that a development has existed for specific timeframes (e.g., 4 or 10 years, dependent on local regulations), shielding it from enforcement actions.
Certificates of Lawfulness of Existing Use or Development (CLEUD)
Also known as a Lawful Development Certificate for existing use, a CLEUD is a legal document confirming that a current use of land or operational development is lawful and immune to enforcement action.
Notable Aspects of CLEUD:
Purpose: A CLEUD verifies that any breach of planning control is lawful due to its existence over a sufficient period, aiding in property sales and mortgage approvals.
Timeframes: Generally, a 4-year rule applies to building works and single-dwelling houses, while a 10-year rule applies for other changes in use or breaches of conditions.
Evidence Requirement: Applicants must provide adequate proof of continuous use or development to secure the CLEUD.
At HAD & Co, we ensure precise navigation through the LDC and CLEUD processes, offering expert support in every step. Contact us today for assistance with your application!