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Form LDC2
Application for Certificate of Lawfulness
for a PROPOSED 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 a proposed use of
land or operational development 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 lands:
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. Has the proposal been started? Yes No
If YES, please give date ____________________
6. If the proposal consists of, or includes, the carrying out of building or other operations, give a detailed
description of all* such operations and attach such plans to scale or drawings as are necessary to
show their precise nature (In the case of a proposed building, the plans should indicate its precise
siting and exact dimensions).
*Includes the need to describe any proposal to alter or create a new access, lay out any new street,
construct any associated hardstandings, means of enclosure or means of draining the land /
buildings. (Continue on a separate page if necessary).
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Go to Question 9 if your proposal does not involve a change of use
7. If the proposal relates to a change of use of the land or building(s):
(a) fully describe the existing use or the last known use, with the date when this use ceased:
(b) give a full description of the scale and nature of the proposed use, including the processes to
be carried on, any machinery to be installed, and the hours the proposed use will be carried
out:
8. If you consider the existing, or last, use is within a ‘use class’ in the Planning (Use Classes) Order
(Northern Ireland) 2015, state which one:
9. If you consider the proposed use is within a ‘use class’ in the Planning (Use Classes) Order (Northern
Ireland), state which one:
10. Briefly explain why you consider the existing, or last, use of the land is lawful or why you consider that
any existing buildings which it is proposed to alter or extend are lawful. (You can use section 11 of
this application to state your case more fully). Specify the supporting documentary evidence (such as
a planning permission) which accompanies this application:
11. Is the proposed use or operation temporary or permanent? If temporary, give details:
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12. State why you consider that a Certificate of Lawful Use or Development should be granted for this
proposal (continue on a separate sheet if necessary):
13. List 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 170 of The Planning Act
(Northern Ireland) 2011 in respect of the
proposed 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 LDC2
Section 170 Application for a Certificate of Lawfulness
for a PROPOSED
The purpose of making this application is to establish whether a proposed use, or a proposed building
operation, would be lawful for planning purposes. In other words, the proposed development can be carried
out without the need to apply for planning permission. If you wish to apply for a certificate in respect of an
existing use, or where building works or other operations have already been carried out, you should
complete the application form LDC1 for a Section 169 ApplicationCertificate of Existing Use or
Development.
Use or Development
Question 1a & 1b:
Give 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 Anytown 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:
A proposal has started if any use or building works
have commenced. It is not advisable to commence
any works until you have received a Certificate
confirming that a planning application does not
need to be submitted. If you require further
clarification please contact your local Planning
Office. Delete ‘yes’ or ‘no’ as appropriate. If ‘yes’,
indicate as accurately as possible the date on
which the proposal started.
Question 6:
This question should be completed if the
proposal involves building work or other
operations. A full and precise description should
be provided. Drawings submitted should include
a site plan, elevations, and floor plans to scale,
and clearly detail proposed works. If this section
is not applicable to you, write ‘not applicable’.
Question 7:
This question along with question 7 and 8 should
be completed if the proposal involves a change of
use of buildings or land. If this section is not
applicable to you, write ‘not applicable’ and
proceed to Question 9.
(a) Provide as much information as you can about
the
existing or last use of the building/land. If
a building has more than one floor specify the
use(s) of different floors. If the building is
residential specify the number of flats/units and
provide floor plans clearly showing the different
units (e.g. outlined in different colours).
(b) Provide as much information as you can about
the
proposed use. Provide drawings to
illustrate how the buildings and/or land would
be used identify different uses of different
parts of the site (e.g. office, parking etc).
Questions 8 & 9:
Please indicate if you consider that the existing or
proposed use falls within a use class identified in
the Planning (Use Classes) Order (Northern
Ireland) 2015 available from Her Majesty’s
Stationery Office (HMSO).
Question 10:
You will need to provide information and
documentary evidence confirming that the last
known use(s) of the building/land is/are lawful. If
your application concerns a house or flat(s), this
evidence will need to relate to (at least) the four
years prior to the date of the application. If the
application is for any other use or activity, the
evidence will need to be for the previous ten years.
In addition, you will need to provide information and
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documentary evidence confirming that any existing
buildings it is proposed to extend or alter are lawful.
This may be that the buildings have been in
existence for more than four years, or that they
already benefit from planning permission. If you
require confirmation of the date on which planning
permission had been granted contact your local
Area Planning Office.
Question 11:
If the proposed use or operation is for a
temporary period, please give further
information such as time periods.
Question 12:
This provides an opportunity for the applicant to
justify why a Certificate of Lawful Use or
Development should be granted.
(1) If you are applying for building works or
operations, the basis for issuing a Certificate is
likely to be one of the following:
Planning permission already exists for the
same or similar works;
The proposed works do not require
planning permission because they
constitute “permitted development” under
the Planning (General Permitted
Development) Order 2015 (the GPDO)
www.planningni.gov.uk
The works would not involve development
;
at all, (which usually means that they are of
a minor nature would not significantly affect
the external appearance of a building or
property).
(2) If you are applying to change the use or to
start a new use on land or in a building, the
basis for issuing a Certificate is likely to be
one of the following:
Planning permission already exists for the
same or a similar use;
The proposed use would be the same or
similar to a previous (lawful) use;
There would be a change of use which is
not considered to be a material change of
use, e.g. it is not significantly different from
the previous use in its nature and character
(see the Planning (Use Classes) Order
(Northern Ireland) 2015);
The proposed change of use would not
require planning permission because it is
permitted development under the GDO.
Question 13:
Please list all documents etc which accompany
your application. Four copies of all drawings
and plans should be sent with the application.
If your application is in respect of proposed building
or other works, drawings (to scale) must be
provided which clearly show the proposed works in
relation to what already exists. For a proposed
change of use, a site plan (see Question 2) may be
sufficient in very straightforward cases, but in most
cases more detailed drawings will be required: a
change of use will normally be best illustrated by
separate plans showing (a) the existing layout and
(b) the proposed layout.
There is no restriction on the type of evidence that
can be considered, but 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. 5years 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.
Please provide as much evidence as you can
and enclose it with the 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 it
is 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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