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hello and welcome to this video i'm john peters commercial director for hooper enterprise associates limited or heel planning as we're known in this video i'm talking about lawful development certificate appeals lawful development certificate appeals in planning terms are very black and white types of appeals as there's no gray area or interpretable area as such they require a very high level of attention to detail to achieve success with these types of appeals you're usually appealing to legalize a development or use at heel planning we see a lot of customers who have attempted to apply previously for a lawful development certificate not realising the level of evidence and proof that is required or how it should be detailed and presented in order for the application to be successful the level of detail needed to meet the threshold for a council to grant the permission is vitally important for these types of applications to succeed failure to do so will result in a refusal often when we see an application that's been refused it's a straightforward process in either we re recommend resubmitting the application with the details and evidence correctly provided and structured or alternatively if the evidence was correctly supplied and the council have simply made a mistake or maybe politically the local authority don't want to approve then an appeal would be the better option taking the decision away from the local authority altogether deciding which route is best in these circumstances very much depends upon the evidence and details available and the local authority in question we will determine which reach we recommend following a free no obligation case assessment personally speaking if we assess that the evidence is strong and can be simply repackaged as such then normally we'd favor the revised application route as it gains a positive decision quicker however each case is always very different and we always assess each individual case on its own merits if you're looking to appeal a lawful development certificate application refusal then i would most definitely recommend gaining professional assistance to do so as the consequences of a failed application appeal can escalate very quickly attention to detail is paramount with all lawful development certificate appeals and so is cataloging and detailing the evidence and proof to satisfy the presumption of probability that will result in a successful application when we heal planning submit a certificate of lawful development appeal they are always where possible accompanied by the following documents proof and evidence to substantiate the application appeal one a detailed planning statement that provides a clear understanding and a catalogued list of the proof and evidence to the local authority of what is included this helps a planning officer understand what is being proposed and why the permission should be granted two evidence and proof this can be receipts invoices photos and other documents that might be appropriate three witness statements ideally all witness statements should be supplied as detailed statutory declarations verifying the evidence and proof that has been supplied in detail there is no room for ambiguity with lawful certificate application appeals statutory declarations provide substantial weight to applications and appeals and will be signed in the presence for solicitor often a certificate of lawful development appeal is made to legalize a use or development that already exists and it gains to prove that their development meets with the permitted development rights the four and ten year rules or demonstrates that the use was or development was completed prior to the introduction of an article for direction the latter is often the case for many operators of houses of multiple occupancy hmos as they're known more commonly a lawful development certificate appeal are also popular for clients who have used their gardens or areas of their land as gardens and are being told they cannot if they have built an extension or outbuilding and are being told they need to take it down by the local enforcement officer regular examples include converted buildings out buildings being rented out shops or office buildings that are not being used for the class that they were currently had the permission for loft conversions dormer windows in lofts walls and boundary treatments this list is not exhaustive and there are many more we regularly deal with failure to prove the legality of the development or use will probably mean that you will be in breach of planning control and open to enforcement action which will cost you more to deal with in the long run please also be mindful that you have a limited time to appeal and enforcement cases even less and as such being proactive sooner will allow time for everything to be collated detailed as needed to provide you with your best chance of success our planning and legal teams deal with these types of applications on a daily basis and as such we have the knowledge and ability to advise where and when additional evidence would be needed during the process unlike other planning consultancies we have both planning experts and solicitors who work on your case ensuring that all sides are covered providing you with the best chance of success at all times if you'd like a free no obligation consultation with myself or a member of our team please call me or our team on zero one seven four three three six nine nine one one or email ldc at heal planning dot co dot uk and give your lawful certificate application appeal its best chance of success this is only one in a host of videos i've produced about various planning applications and appeals for further videos visit our website on .hillplanning.com thank you for watching and we look forward to speaking with you soon [Music]