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The Benefits of Lawful Development Certificates over planning applications.

The principle of a Lawful Development Certificate is that through evidence the applicant is able to show that the site/building has been used/developed in a specific way for the specified amount of time, and that the use is therefore lawful.

This is different to a full or outline planning application in that the Local Planning Authority are not considering the arguments for and against a development, but analysing the evidence provided. If, on the balance of probabilities, this evidence demonstrates the use for the specified amount of time then they will grant a Certificate of Lawful Development.

The onus for an application such as this is upon the applicant to provide sufficient evidence to demonstrate the use or development. While objections can be received from members of the public on these applications, they too would need to provide evidence to counter the evidence put forward by the applicant.

It’s very important to have strong evidence, such as sworn evidence by way of Statutory Declarations.

Speak to us for more detail.

Sarah Greenish, Planning and Development Assistant

 

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