Certificate of lawful use existing development - Planning validation requirements

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Application type information

Description 

You can apply for a lawful development certificate to find out if: 

  • the current use of a building is lawful  
  • you do not need planning permission for the building  

You can find a full explanation of lawful development certificates here. 

The supporting information you provide, can include affidavits, historic photos, utility bills or official documents. 

Guidance 

You can get help and advice from our Duty Planner on lawful development certificates and other types of planning applications. 

You can get detailed feedback on your proposal by using our pre-application advice service

Documents that are always required

You must submit the following as part of your planning application: 

Documents that are sometimes required

Depending on the details of your application, you may have to submit one or more of the following documents and information: 

  • Members and employees; On your application you must tell us if you are a Member of Braintree District Council or employed by us. We will determine any applications from Members or employees at a Planning Committee meeting. 
  • Existing and proposed elevations; needed if your application is: 
    • to amend a condition that refers to external alterations 
    • to establish whether a development or certain use was lawful (we will need to understand what was onsite previously and what it onsite now) 
  • Existing and proposed floor plans; needed if your application is: 
    • to amend a condition that refers to internal alterations 
    • to establish whether a development or certain use was lawful (we will need to understand what was onsite previously and what it onsite now) 
  • Listed Building Sections; needed if your application includes: 
    • works at upper floor levels, where accommodation is being created beneath the roof. For example within the attic of a house, or the creation of first floor accommodation within a barn conversion 
    • attaching new signage to a listed building. Your listed building section drawings must show how you will attach the sign 
  • Roof plan; needed if your application is to; 
    • carry out a development that is located on the roof 
    • carry out a development that relates to alteration to a roof line 
    • amend a condition that refers to amending a roof line 
    • discharge a condition that refers to amending a roof line 
    • remove or vary a condition that refers to amending a roof line 
  • Site and block plan; needed if your applications is to; 
    • amend a condition that refers amending the site set up 
    • establish whether a development or certain use was lawful (we will need to understand what was onsite previously and what it onsite now) 
  • Site levels; needed if your application is to  
    • is to amend a condition that refers to site levels 
    • is to discharge a condition that refers to site levels 
    • is to remove or vary a condition that refers to site levels 
    • is a proposal where there is a change in levels which would have a material effect in the locality 
  • Photo Montages; needed for applications for advertising consent to: 
    • show the sign in its proposed location  
    • provide scale details of the sign 
  • Supporting information/photos; you can submit any supporting documents and to help explain or justify your application 
  • Structural survey; needed if your application: 
    • is for a listed buildings where the structural condition of the building requires it 
    • is for a building to be converted to a new use 
    • involves substantial demolition 
  • Agricultural holdings certificate (combined with Ownership certificate)