A Lawful Development Certificate (LDC) can provide formal confirmation by a local planning authority that a use or development is, or would be, lawful in the absence of express planning permission (subject to certain criteria being fulfilled).
However, DJB Partner Yohanna Weber warns that they should not be treated as a shortcut to de facto planning permission. LDC applications (in particular for CLEUDs) must be carefully crafted and rely on robust evidence. An under-prepared or disingenuous application can be costly in more ways than one.
The introduction of new use class E brings new opportunities for applicants and new problems for local authorities when it comes to LDCs, according to Yohanna. It remains to be seen how readily the authorities will issue LDCs with a class-E description, as an LDC for this use class could have unintended consequences of completely opening up the types of use the property can adopt.
So, is the risk worth the reward? What are the pitfalls to avoid?
Yohanna reveals all in the latest edition of Estates Gazette (page 56-57).
ABOUT DJB:
DJB is a national law firm that specialises entirely in real estate. The firm has offices in London, Manchester, Birmingham and Taunton ensuring truly national coverage.
The firm is renowned for its high quality legal work and service.
We only recruit experienced lawyers with excellent calibre. As a result, our legal team of around 50 lawyers have an average post-qualification experience that exceeds 20 years. Most have joined us from other City firms, in-house departments and/or senior roles. Our lawyers have advised some of the UK’s most significant land owners including Barclays Bank, HSBC, Credit Suisse, Rolls Royce, The Royal Parks, The Cabinet Office and The Crown Estate. This focus on quality only has led to a 50% male and female Partner rate.
All of our clients are provided with a dedicated client care professional at no extra charge, which ensures that they receive the highest standard of service at all times.
DJB is regularly selected to advise on high profile projects such as the hosting of the London 2012 Olympic Games by The Royal Parks and the first Sukuk Bond to be entered into by a Western Government on behalf of HM Treasury. Based in London at The Shard and also Manchester, Birmingham and Taunton, DJB has a national presence.
The firm enjoys top tier rankings in all of the main directories, as well as receiving many awards.