Certificate of Lawfulness of proposed use of development
A certificate of lawfulness (proposed use) allows you to obtain a decision from the planning authority on whether a proposed use or building work requires planning permission. You should apply for this certificate if you want a definitive answer that your land use or development is lawful and does not need planning permission. It also confirms that proceeding with the proposed use or development does not risk enforcement action by the planning authority.
If your proposal involves using a dwellinghouse for secondary letting within a Short Term Let Control Area, applying for a Certificate of Lawfulness is unnecessary. In such areas, this type of use is automatically regarded as development. Instead, you should seek planning permission for a material change of use.
Apply for Certificate of Lawfulness of proposed use of development
Information to include with your application – guidance excerpt from ePlanning
- You must provide a location plan clearly identifying the site. The plan should be at a scale of 1:1250 or 1:2500 (or larger) and show the site’s location relative to at least two named roads and surrounding buildings. It must include a north point. The site boundary should be marked with a red line.
- You must specify the existing use and the class of use for the land as of the date of your application. If the land is not in use on that date, state its last use. Also, indicate the class of use you believe applies to the proposed development or describe the work or activities involved.
- You must submit evidence supporting your application, such as plans or drawings, which you consider relevant.
- You should provide a statement outlining your interest in the land and the names and addresses of any other interested parties. Confirm whether you have informed these parties about your application.
- If your application involves multiple uses, works, or matters, the accompanying plan should clearly show which part of the land each relates to.
- Pay any applicable fee as required under the Fee Regulations.