Lawful use and development certificates: Planning certainty with Wollens

Why legal certainty matters in planning

In today’s evolving planning landscape, securing legal certainty for your property or development is more important than ever. Whether you’re a homeowner, developer, landowner, or local authority, Lawful Use Certificates (LUCs) and Lawful Development Certificates (LDCs) offer vital protection against enforcement action and future planning disputes.

These certificates confirm that a use, operation, or building is lawful under planning legislation—either because it doesn’t require planning permission or because it has existed long enough to be immune from enforcement.

What are these certificates?

• Lawful Use Certificate (LUC): Confirms that an existing use of land or buildings is lawful, typically due to the passage of time or immunity from enforcement.
• Lawful Development Certificate (LDC): Confirms that a proposed development or use is lawful and does not require planning permission.

These certificates are assessed on legal facts—not planning merits—and require robust evidence such as site plans, photographs, and statutory declarations. Applications are typically decided within 8 weeks and can be appealed if refused.

Recent legal updates you should know

• The Levelling Up and Regeneration Act 2023 extended the enforcement immunity period to 10 years for all types of development.
• The Planning and Infrastructure Bill 2024–25 proposes streamlining planning procedures and limiting repeated judicial reviews.

How Wollens can help

At Wollens, our Planning and Highways Team offers expert legal support for clients seeking Lawful Use and Development Certificates. We provide:

• Certificate Applications: We prepare and submit applications for existing uses or developments that may now be lawful, and for proposed developments under permitted development rights.
• Evidence Gathering and Legal Strategy: We help compile documentation and legal arguments, including statutory declarations, aerial imagery, and planning history reviews.
• Appeals and Enforcement Defence: We represent clients in appeals and defend against enforcement actions.
• Agricultural and Rural Planning: We advise farmers and rural landowners on long-standing uses, barn conversions, and diversification projects.

Why choose Wollens?

• Local Expertise: Offices in Exeter, Torquay, Barnstaple, and Newton Abbot.
• Client-Centred Service: Flexible communication options including video consultations and home visits.
• Trusted Reputation: Ranked in The Legal 500 and ISO 9001 certified.

Speak to Simon Rowland

Simon is a Paralegal at Wollens and can advise you. Contact Simon via email simon.rowland@wollens.co.uk or call 01392 539199.

View Simon’s Profile

You can also complete an online enquiry form. One of the Wollens team will contact you as soon as they are available.