Proving works aren't Development

Planning Advisory Service (PAS)

Open group | Started - July 2012 | Last activity - Yesterday

Former Member, modified 8 Years ago.

Proving works aren't Development

A silly question perhaps but.. Is it possible to apply for a certificate of proposed lawful development with the intention of proving something isn’t development under the normal meaning of Section 55 of the Act?

So, for example, if my client wished to carry out works to shore up his barn which only amounted to:

'the carrying out for the maintenance, improvement or other alteration of any building of works which—

(i)affect only the interior of the building, or

(ii)do not materially affect the external appearance of the building,'

But wanted some comfort that such works were infact not development, could we apply for a certifiacte of proposed lawful development to this effect?

Many thanks

Paul

Former Member, modified 8 Years ago.

RE: Proving works aren't Development

Technically I guess you can't use the LDC route for something that isn't 'development' but I think if you applied for an LDC for this most Councils would simply 'approve' it.

And if they decided not to process your application they would have to say why, thereby confirming in writing that the proposed works are not 'development'.

So you've got nothing to lose by making an application (except the fee).

Former Member, modified 8 Years ago.

RE: Proving works aren't Development

Thanks for your reply John, strategy wise that's a fair point.

Kind regards

Paul