Making an LDC appeal

Making an LDC appeal

Contents

A lawful development certificate (LDC) is a statutory document confirming that the use, operation or activity named in it a lawful for planning control purposes.

Once granted, the certificate will remain valid for the use or development described in it, on the land it describes.

You must apply to the local planning authority (LPA) for such a certificate. If the LPA refuse the application (or do not give a decision within the time period - usually 8 weeks) you can appeal.

Process

If an application for an LDC is wholly or partly refused, or is granted in a different form from the application, or is deemed to have been refused (because the LPA) has not determined the application within the time-limit of eight weeks of receiving the completed application), you can appeal to the Planning Inspectorate for appeals in England and Wales, or to the Planning Appeals Commission if you are in Northern Ireland. The Planning Inspectorate will deny LDC appeals if an effective Enforcement Notice is in force. This is because if such a notice is in force, the legislation does not allow an LDC to be granted.

For more information, see our 'Making an enforcement appeal' section.

The Planning Inspectorate or Planning Appeals Commission will make an early assessment of the validity of your LDC appeal.

When the Planning Inspectorate or Planning Appeals Commission has examined your appeal form and documents, you will be told whether the appeal is valid and what procedure it will go by.

You may request the written procedure, a hearing or an inquiry.

The Inspectorate or PAC will consider whether a local inquiry is necessary. For example, in appeals where the development or use has already taken place, an inquiry will usually be necessary where there is a dispute between you and the LPA on the facts of the case.

An inquiry will also be necessary where either you or the LPA have requested one. Requests for a hearing will be considered wherever possible.

In England and Wales, you can submit your appeal online using the Appeals Casework Portal. For Northern Ireland, see the Planning Appeals Commission.

Copyright © 2024 Epoq Group Ltd. All trademarks acknowledged, all rights reserved

This website is operated by Epoq Legal Ltd, registered in England and Wales, company number 3707955, whose registered office is at 2 Imperial Place, Maxwell Road, Borehamwood, Hertfordshire, WD6 1JN. Epoq Legal Ltd is authorised and regulated by the Solicitors Regulation Authority (SRA number 645296).

Our use of cookies

We use necessary cookies to make our site work. We would also like to set some optional cookies. We won't set these optional cookies unless you enable them. Please choose whether this site may use optional cookies by selecting 'On' or 'Off' for each category below. Using this tool will set a cookie on your device to remember your preferences.

For more detailed information about the cookies we use, see our Cookie notice.

Necessary cookies

Necessary cookies enable core functionality such as security, network management, and accessibility. You may disable these by changing your browser settings, but this may affect how the website functions.

Functionality cookies

We'd like to set cookies to provide you with a better customer experience. For more information on these cookies, please see our cookie notice.