Lawful Development Certificates (Also known as Certificates of Lawfulness)

1. Lawful Development Certificates(Also known as Certificates of Lawfulness)

2. What are Lawful Development Certificates? • There are two types of applications: • An existing use or development (MDC give these the LDE reference); or • A proposed use or development (MDC give these the LDP reference) • Assessment on evidence and law. • Local Development Plan and its policies cannot be considered.

3. An existing use or development (LDE) • For an existing use or development the following needs to be demonstrated: • That operational development has been in existence for at least 4 years • That a change of use has occurred for a period of at least 10 years (4 years for use as a single dwelling house) • That a breach of condition has occurred for a period of at least 10 years

4. An existing use or development (LDE) • The relevant test for determination is on the ‘balance of probabilities’ • ‘Burden of Proof’ is with the applicants • Only when these claims have been demonstrated can the use/development be determined as ‘lawful’ and immune from enforcement action

5. An existing use or development (LDE): - Examples of evidence of proof • Precise description the development/use has to be given • Affidavits and Statutory Declarations • Council Tax, Utility Bills, Service Statements, Invoices – factual evidence • Third party correspondence (formal is preferred) giving eye witness accounts • Photographic documentation

6. An existing use or development (LDE): – Examples of Applications • Conversion of office or ancillary space into a single dwelling house (4 year rule) • The insertion and retention of uPVC windows in a Conservation Area (4 year rule) • Change of use of a stables to an office (10 year rule) • Use of a dwelling in breach of an agricultural occupancy condition (10 year rule)

7. An existing use or development (LDE): - Decision Grant – evidence proves the claim on the ‘balance of probability’ Refuse – insufficient evidence to substantiate the claim There is a right of appeal against the refusal of the Council Enforcement Action as there would be a breach of planning control if refused

8. A proposed use or development (LDP) • An application for any of the following: • Proposed development, such as an extension to a dwelling which is classified as permitted development • Proposed use of a building or land, such as change of use from a café to a shop which is permitted development within the Use Classes Order • Not considered on it’s planning merits, purely a matter of planning law

9. Decision • Grant – Permitted development • Refuse – Considered as a material change that requires planning permission • There is a right of appeal against the refusal of the Council to grant a certificate, and against its failure to make a decision within the specified time.

10. Advertisement: • None needed in law. Maldon District Council advertises on weekly list as information only. For LDE applications local knowledge can be helpful in assisting officers with providing evidence of a use or development. • Fees: • Existing use/development the fee is the same as it would be for an equivalent full planning application. • Proposed use/development is half the fee it would normally be.