Fill - Free fillable Ldc1cert For Lawfulness LDC1 Planning Application Form for Certificate of Lawfulness for an Existing Use or Development PDF form

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.: _

_____________

(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).

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).

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

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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 application– Certificate 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;

• 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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