General advice

If you are in any doubt about whether you need to apply, you should consult the planning department of your local planning authority.

They will usually give you advice but, if you want to obtain a formal ruling you (or your adviser) can apply, on payment of a fee, for a "lawful development certificate" by writing to the local planning authority with details of the work you want to carry out. If your local planning authority refuses a certificate, you can either apply for planning permission, or appeal to the National Assembly for Wales.

It is not compulsory to have an LDC but there may be times when you need one to confirm that the use, operation or activity named in it is lawful for planning control purposes.

You apply to your local planning authority for an LDC. The local planning authority will give you the forms you need. The application must provide sufficient information for the local planning authority to decide the application or else it may be refused. You will have to pay a fee. This will be broadly similar to what you pay for a planning application.

Often the issues involved in LDCs are complex and if you decide you need to apply for a certificate you might benefit by obtaining professional advice. Your council’s planning officers will also be pleased to help. They will tell you about the sort of information needed to support your application.

If your application is partly or wholly refused or is granted differently from what you asked for, or is not determined within the time limit of eight weeks, you can appeal. Appeals are made to National Assembly for Wales and processed by the Planning Inspectorate.

View further information about LDCs on the Planning Inspectorate's website