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Introduction

An application for a Lawful Development Certificate (existing) form should be used to establish whether an existing use of land, or some operational development, or some activity in breach of a planning condition, is lawful even though it did not have planning permission.

Examples when an application for a Lawful Development Certificate (existing) should be made include:

  • when planning enforcement action is taken by the local planning authority and the owner believes it is immune from action because the time limit for taking enforcement action has passed;
  • when an owner discovers, in the course of a sale of the land, that planning permission has never been granted, and needs to show a prospective purchaser that no enforcement action can be taken by the local planning authority.

What you need to submit

The list below details supporting documents that may need to be submitted as part of your application. Please refer to each section below in order to determine whether or not you need to submit it as part of your application.

Always required

Please ensure that you have completed every section of the application form before submitting. Where sections or questions are not relevant please state this on the form.

The associated help file for this type of application can be found online.

Apply using 

Please note: "Apply online" websites are provided by private companies who may charge additional fees for their services. Peterborough City Council offer no technical support for customers using these sites, if you encounter an issue please contact the relevant website service helpdesk. If you opt to download and complete the application form instead it is your responsibility to ensure that the forms, the appropriate supporting documentation and correct fee are sent to Peterborough City Council either by email or post.

Always required

For details of our planning fees please see the fee schedule.

You can pay online directly to Peterborough City Council.

Always required

This must be an up-to-date Ordnance Survey based location plan at an appropriate scale, usually 1:1250 or 1:2500. In the case of large sites other drawing scales maybe appropriate.

The plan must show:

  • at least 2 main roads and all surrounding buildings or land
  • the application site (the whole planning unit) 
  • a north point
  • a scale bar

The application site boundary should be edged clearly with a red line. It should include all land necessary to carry out the proposed development; for example, land required for access to the site from a public highway, visibility splays, landscaping, car parking and open areas around buildings.

A blue line should be drawn around any other land owned by the applicant, close to or adjoining the application site.

We will expect this to be on an A4 size plan or larger.

A sample location plan can be viewed online.

Ordnance Survey map extracts are available from any Ordnance Survey Mapping and Data Centre.

The plan used should:

  • Not be a Land Registry document
  • Not be used for multiple applications
  • Show OS Crown copyright as an acknowledgement
  • Not be a photocopy or screen grab image
  • Not to be copied from existing OS mapping, if using hand drawn maps such as standard streets
  • Show the correct licence number if you wish to print or copy maps for applications
Copyright information

Please be aware that plans based on Ordnance Survey data are Crown copyright and other plans and drawings are the copyright of their authors. The details of any applicable copyright should appear on the original plans concerned. Using copyright protected plans could result in legal action being taken against you by the copyright holder. You are advised to contact the copyright holder before using such plans in making any application.

Updated: February 2017
Status:
 National requirement
Source: Town and Country Planning (Development Management Procedure) (England) Order 2015

Always required

Existing site layout plans to a recognised scale (1:100, 1:200 or 1:500 as appropriate)

The Site Layout Plan should show:

  • the direction of North;
  • a scale bar or metric measurements;

In addition, the Site Layout Plan should show the following unless these would not influence or be affected by the proposed development:

  • all the buildings, roads and footpaths on land adjoining the site including access arrangements;
  • all public rights of way crossing or adjoining the site (footpath, bridleway, restricted byway or byway open to all traffic);
  • the position of all trees on the site, and those on adjacent land;
  • the extent and type of any hard surfacing;
  • boundary treatment including walls or fencing;
  • existing car parking and turning arrangements.
  • any existing bin and cycle stores.

Please ensure that all plans submitted as part of your application are accurately labelled and numbered.

A sample block plan can be viewed online.

Ordnance Survey map extracts are available from Planning services or any Ordnance Survey Mapping and Data Centre.

Status: National requirement
Source: Town and Country Planning (Development Management Procedure) (England) Order 2015

Always required

Drawings showing the full existing floor layout plans to an appropriate scale, usually 1:100 and with a scale bar or metric measurements included.

Drawings must show the complete building, partial drawings are not acceptable.

Please ensure that all plans submitted as part of your application are accurately labelled and numbered.

Sample floor plans can be viewed online.

Status: National requirement
Source: Town and Country Planning (Development Management Procedure) (England) Order 2015

Always required

Detailed drawings showing the existing elevations (the appearance of the property from all sides affected by the proposal) to an appropriate scale, usually 1:100 and with a scale bar or metric measurements included.

Drawings must show the complete building, partial drawings are not acceptable.

Please ensure that all plans submitted as part of your application are accurately labelled and numbered.

Sample elevation plans can be viewed online

Status: National requirement
Source: Town and Country Planning (Development Management Procedure) (England) Order 2015

Always required

You should provide as much evidence as possible to corroborate the claim.

This may include:

  • Photographic evidence spanning the period of alleged lawful use
  • Sworn Affidavit(s)
  • Council tax/business rates payments
  • Employee salary slips
  • Accounts
  • Utilities bills
  • Invoices/payments
  • Rent books
  • Letters from neighbours