Fill - Free fillable Ldc2 Cert Lawfulness Proposed LDC2 Planning Application Form for Certificate of Lawfulness for a Proposed Use or Development PDF form

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.: _

_____________

(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).

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:

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.

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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 Application – Certificate 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

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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Ldc2 Cert Lawfulness Proposed LDC2 Planning Application Form for Certificate of Lawfulness for a Proposed Use or Development

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