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Form LDC1
Application for Certificate of Lawfulness
for an EXISTING Use or Development
The Planning Act (Northern Ireland) 2011, Section 169
Article 11 of the Planning (General Development Procedure) Order (Northern Ireland) 2015
Please read the accompanying notes before completing this form.
You may find it useful to discuss your proposals with your local Planning Office before
submitting your application.
Please complete in BLOCK LETTERS
This form should be completed when the applicant is seeking a written determination that an existing use of
land, operational development, or activity in breach of a planning condition is lawful.
Please note that when you submit a planning application the information, including plans, maps and drawings,
will appear on the Planning Register which is publicly available and, along with other associated
documentation (with the exception of personal telephone numbers, email addresses or sensitive personal
data), will also be published on the Planning Portal through the Public Access Portal (
www.planningni.gov.uk).
1 a. Applicant’s name and address 1 b. Agent’s name and address (if any)
Name: Name:
Address: Address:
Town: Town:
Postcode: Postcode:
Tel: Tel:
Ref. No.:
2. Address or exact location of the land to which this application relates.
Describe here and enclose 4 copies of an up to date Ordnance Survey location plan to scale 1:1250
or 1:2500 showing the boundary of the land edged in red.
3 (a). Nature of applicant’s estate in the land e.g. owner, lessee, occupier.
3 (b). If you are not the owner:
(i) give name(s) and address(es) of anyone you know who has an estate in the land
(ii) state the nature of their estate (if known)
Official Use
Application No.: ______________
Receipt No.: _
_____________
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(ii) state the nature of their estate (if known):
(iii) state whether they have been informed about this application. Yes No
4. Council Employee / Elected Member Interest
Are you / the applicant / applicant’s spouse or partner, a member of staff within the council or an
elected member of the council?
Yes No
Or are you / the applicant / the applicant’s spouse or partner, a relative of a member of staff in the
council or an elected member of the council or their spouse or partner?
Yes No
If you have answered yes, please provide details (name, relationship and role):
5. This application is for
(tick whichever box is applicable)
:
an existing use
an existing operation
an existing use, operation or activity in breach of a condition
being a use, operation or activity subsisting on the date of this application.
6. Provide a full description of the existing use, operation or activity to which this application relates.
If there is more than one subsisting use or operation or activity on the land at the date of this
application, describe fully each of them and, where appropriate, show to which part of the land each
use, operation or activity relates: (Continue on a separate sheet if necessary).
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7. If the application relates to an existing use which you consider to be within one of the ‘Use Classes’ in
the Schedule to the Planning (Use Classes) Order (Northern Ireland) 2015, state which one:
8. Under what grounds is the certificate sought? Specify what the basis of your claim is and provide
date(s) of when the use / works were commenced / substantially completed.
(Insert N/A for those which are not applicable)
(i) The use began more than five years before the date of this application;
or (ii) The use, operation or activity in breach of condition began more than five years before the
date of this application;
or (iii) The use began within the last five years, as a result of a change of use not requiring planning
permission, and there has not been a change of use requiring planning permission in the last
ten years;
or (iv) The operations were substantially completed more than five years before the date of this
application;
or (v) The use as a single dwelling house began more than five years before the date of this
application.
or (vi) That the use, operation or activity benefited from planning permission granted under the
Planning (Northern Ireland) Order 1991 or the Planning Act (Northern Ireland) 2011 or was
permitted development under the Planning (General Development) Order (Northern Ireland)
1993 (as amended) or the Planning (General Permitted Development) Order (Northern
Ireland) 2015.
or (vii) Other please specify (e.g. that the works did not constitute development).
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9. If the certificate is sought for a use, operation or activity in breach of a condition or limitation, specify
the condition or limitation which has not been complied with, attach a copy of the relevant planning
permission or, if not available, specify the relevant planning application reference number:
10. Give any additional information you consider necessary to substantiate your claim:
(continue on a separate sheet if necessary)
11. List here all the documents, drawings or plans which accompany this application:
Declaration
I / We* hereby apply for a Certificate of Lawful Use or Development under Section 169 of The Planning Act
(Northern Ireland) 2011, in respect of the
existing use, operation or activity described in this application and
the documents, drawings and plans which accompany it.
I / We* enclose the appropriate fee of £_____________ by cheque/postal order no. ________________/cash
* Delete as appropriate
Signed ______________________________________ Date ________________
On behalf of (if applicable) ___________________________________________________
Warning: Section 172 of the Planning Act (Northern Ireland) 2011 provides that it is an
offence to furnish false or misleading information or to withhold material information with
intent to deceive. Section 171 (7) enables the Council to revoke, at any time, a certificate it
may have issued as a result of such false or misleading information.
Please send your completed application to the relevant Council.
click to sign
signature
click to edit
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Guidance Notes for Completion of Application Form LDC1
Section 169 Application for a Certificate of Lawfulness
for an EXISTING
The purpose of making this application is to establish whether (a) a use which is already in existence or (b) an
extension or building that has already been constructed, or operational works that have already been carried
out, or (c) an activity in breach of a planning condition or limitation are lawful for planning purposes; in other
words, that it did not require or no longer requires planning permission. If you wish to apply for a
Certificate in respect of a
proposed use, or for building works or operations that have NOT yet been carried
out, you should complete the application form LDC2 for a Section 170 applicationCertificate of Proposed
Use or Development.
Use or Development
Question 1a & 1b:
Complete details of the applicant, and
agent if applicable.
Question 2:
Give the full postal address of the site to which
this application relates. If this is not possible,
the distance and direction of the site from a
known address or landmark should be given
e.g. 200m south of No. 24 Any town Street. The
plan provided should accurately identify the
precise boundaries of the site in red including
any open curtilage, garden area etc.
Question 3:
Please ensure that you complete section (b) if
you are not the owner of the property.
Question 4:
You must declare whether the applicant or agent is
a member of the council’s staff, an elected member
of the Council or related to a member of staff or
elected member of the Council.
Serving elected members or planning officers who
submit their own planning applications should play
no part in their determination and such applications
should be determined by the planning committee
rather than by planning officers under delegated
powers.
For the purposes of this question related to means
related by birth or otherwise closely enough that a
fair-minded and informed observer, having
considered the facts, would conclude that there was
a real possibility of bias on the part of the decision-
maker in the council.
Question 5:
Please ensure that you have ticked at least one
box.
Question 6:
If your application concerns more than one
existing use, operation or activity on the date of
the application describe each fully and show to
which part of the land each use, operation or
activity relates.
You must provide drawings
that clearly show these works.
If your application concerns an existing use or
activity, provide as much information as possible
about the existing use of the building/land. If a
building has more than one floor, specify the use(s)
of each floor. If the building is residential specify the
number of flats/units and provide floor plans
showing the location of the different units. Provide
drawings to illustrate how the buildings and/or land
are used identify different uses of different parts
of the site e.g office, parking, warehousing etc.
Question 7:
Please refer to the Planning (Use Classes) Order
(Northern Ireland) 2015 available from Her
Majesty’s Stationary Office (HMSO).
Question 8:
Please identify which option relates closest to
your application and insert N/A for the remaining
options which do not apply. When indicating the
date the use began or the operation was
substantially completed, please be as accurate
as possible. You should provide evidence to
substantiate this.
Question 9:
You will only need to answer this if you have
indicated question 7 (2) is relevant. Please ensure
that you attach a copy of any relevant planning
permission documentation. If you do not have a
copy please provide the relevant Planning
Application reference number.
Question 10:
The onus of proof is on you as the applicant to
show with proper evidence that:
(1) If you are making an application in respect of
the use of land or building(s):
The current use has been operating without
planning permission for a period of at least five
years prior to the date of the application;
The current use started within the last five
years, following a change of use which was not
a material change of use, (e.g. the current use
is not significantly different from the previous
use in its nature and character), and the
previous use was a lawful use;
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The current use started following a change
of use which was permitted development under
the Planning (General Permitted Development
Order (Northern Ireland) 2015 (the GPDO)
available from the Planning Portal
(
www.planningni.gov.uk);
There is already planning permission for
the same use or a similar use.
(2) If you are making an application for building
works or operations that have already been
carried out:
The works were substantially completed
without planning permission, at least five
years ago (i.e. prior to the date of the
application);
Planning permission has been granted for
the same or similar works;
The works did not require planning
permission because they constitute
permitted development under the General
Permitted Development Order;
The works did not constitute development
at all (which usually means that they are of
a minor nature which would not significantly
affect the appearance of a building or
property).
Question 11:
If you are seeking to obtain a Certificate on the
basis that a certain number of years have elapsed
since a use began or since building works were
completed,
you must provide documentary
evidence to substantiate your claim. Failure to
do so is likely to result in your application being
treated as invalid or refused.
There is no restriction on the type of evidence that
can be considered, but generally the following are
likely to be particularly useful:
Signed statements (preferably sworn
statements) by people who have been
familiar with the property for part or all of
the relevant period (i.e. 5 years, see
above);
Copies of rates bills;
Other statutory approvals e.g. Building
Control records;
Utility bills, invoices, rent books, electricity
connection records (although these must
contain direct reference to the address of
the property and some indication of how it
was being used);
Copies of previous planning permissions/
decisions.
Only one copy of any document of evidence need
be provided but these should be original documents
wherever possible especially letters, sworn
statements/affidavits, bills, rent books etc.
Arrangements can be made for documents to be
returned once the application has been decided if
requested.
If your application is in respect of building or other
works, drawings (to scale) must be provided. 4
copies of all drawings or plans should be
submitted with the application; make sure your
drawings are numbered for easy reference.
For a use of land a site plan may be sufficient in
very straightforward cases, but in most cases more
detailed drawings will be required: for example, the
use of a building as flats would require floor plans
of each floor, with individual flats clearly identified
(e.g. outlined in different colours). If a garden or
part of a garden belongs to a flat, this should also
be clearly identified.
Please provide as much evidence as you can
and enclose it with your application. The onus
of proof is firmly on the applicant in these
cases
List all documents you have provided with your
application. Please ensure that any information
you submit is relevant to your application and,
if extensive, is properly organised and indexed.
. The Council will consider your
application as presented and may request
additional information if required.
Please ensure that you have:
Enclosed 4 copies of signed forms and any submitted plans.
Enclosed the appropriate fee (contact your local Planning Office or check the Planning Portal
www.planningni.gov.uk).
Enclosed 1 copy of each item of additional evidence in support of your application.
If any of this information is missing or incomplete your application will be made invalid causing delay.
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