Guidance

Certificate of lawful use or development appeals: procedural guide

The responsibilities of each party and the roles they have in the certificate of lawful use or development appeal process.

Applies to England

Documents

Details

This guide includes details about:

  • responsibilities of the appellant, the local planning authority and other parties
  • who decides an appeal?
  • what is the timetable for an appeal and what are the rules?
  • what are the procedures?
  • can new material be introduced during the appeal process?
  • where will the decision be published?

Updates to this page

Published 30 June 2014
Last updated 12 September 2024 + show all updates
  1. Guide updated to include a reference to the new AI guide.

  2. • Take account of the changes to enforcement brought in by the LURA • Replace the customer email address with the customer form • Replace ‘DLUHC’ with ‘MHCLG’

  3. The guide has been updated to make it clearer that interested parties should submit their representations using our online search facility.

  4. Changes made to the deadlines for LDC appeals in this guidance that were made on the 26 July 2023 have been reverted back

  5. Changes relating to the deadlines for LDC appeals have been made to the guide

  6. Guidance updated following changes to processes after Covid, all references to Covid removed

  7. Notification to interested people on LDC appeals updated and removing guidance related of Covid-19.

  8. Section 7.2.5 updated to reflect that there is no statutory requirement for LPAs to consult interested parties

  9. This guide has been updated to remove unnecessary duplication and become easier to follow. This is in line with the Inspectorate’s approach to making our content more user focussed.

  10. Clarifications around s319A and changes in the way we request documents

  11. MHCLG changed to DLUHC

  12. New legislation to allow PINS/the Inspector to decide (on behalf of the SoS) whether a ‘combined procedure’ may be appropriate

  13. The complaints procedure that was published in this booklet has been removed and the new complaints procedure is now available online.

  14. On 23 March 2016 the Planning Inspectorate published revised versions of its four procedural guides on Planning Appeals, Called-in Planning Applications, Enforcement Notice Appeals and Lawful Development Certificate Appeals. Each document highlights important changes.

  15. First published.

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