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Lawful Development Certificate

6 replies

NancyDrawed · 11/11/2020 12:54

Our neighbours covertly converted a small outbuilding into living accommodation and got a Lawful Development Certificate for that use in that building.

They now want to demolish the building which the LDC is for, saying it isn't fit for purpose, and build a full scale house elsewhere on their plot. We don't think the LDC should have been granted, as the change of use was concealed from public view and falls foul of the Local Plan in terms of residential development outside the village boundary (which our neighbours were aware of from an earlier planning application).

Can we appeal the LDC on the grounds that the change of use was concealed from the public? Does the LDC cease to be valid once the building it relates to is demolished, or is it essentially planning permission through the back door? We think that the fact that our neighbours changed the use of their outbuilding despite being told by the council in writing that a second residential building was not permitted on their plot shows contempt for local planning rules and wondered whether this can be used as part of an objection to their current application, or does the objection have to only relate to the specific application we are objecting to?

OP posts:
Pickpick101 · 11/11/2020 13:19

I would think the council would treat them as 2 different applications. I would certainly bring the issue around the LDC up with the council , having a black mark against that site may make it harder to build a house on that same site.

NancyDrawed · 11/11/2020 13:25

Have you any idea how I would go about raising an objection to the LDC with the council? All the info online seems to be about appealing a decision to NOT grant an LDC rather than a decision that granted one

OP posts:
Pickpick101 · 11/11/2020 13:51

The planning dept will have a generic email address to get started. I would look on line a ring your council and they should have the email details. The planning officer will be able to then advise the procedure.

NancyDrawed · 11/11/2020 15:10

Thank you. I am a bit nervous about raising it, but getting planning for a second house appears to have been the intention since being clearly told it was not permitted and if this planning gets granted it will have an effect on us.

OP posts:
Pickpick101 · 11/11/2020 15:54

You can object if they put planning in but only within the planning guidance , if you say basically I don't like it or don't want it built that's no help.

Catmummyof2 · 14/11/2020 00:36

This reply has been withdrawn

This has been withdrawn by MNHQ at the poster's request.

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