Planning Appeal 4 Year Lawful Development Certificate Rule Changes April 2024
In This video we explain the new update that removes the 4 year Lawful Development Certificate application option for almost all new cases and what options are left.
As of 25th April 2024 the section of the Levelling up and Regeneration Act 2024 has come into force that effectively removes the ability to submit or appeal new 4 year rule lawful development certificate applications in England. If you applying in Wales the old rules still apply.
All appeals for lawful development certificates in England must be able to provde evidence and prove that beyond the balance of probability that the use or development in question has been in place for the 4 years up to 25th April 2024, if this not possible then your appeal will fail and there is no leeway on this, no grey area, it is black and white. For clarification the 10 year rule still applies.
If you have a development or use you need to legalise and were going to do so under the 4 year rule and avoid a planning enforcement notice being issued, then I would suggest you do so quickly. As I am sure enforcement officers are rubbing their hands thinking about the number of 4 year rule cases they have walked away from the last couple of years knowing now they will not meet the 10 year rule and could be open to prosecution for a breach in planning control.
If your case does not meet what is left of the 4 year rule or the 10 year rule then your fall back option is for a planning application, one that you will have to argue based upon todays rules and policies.
The key now for all 4 year rule lawful development certificate appeals is the 25th April 2024. I have spoken with many clients who could have applied previously but had not as they through their development was safe, now they will need to prove 10 years should they not be able to prove the 4 years upto 25th April 2024.
If you have had a 4 year lawful development certificate refusal recently why not let our case assessment team have a look at your refusal, it will cost you nothing unless you decide you wish to proceed with an appeal, and we might just provide you with the route to a permission you are seeking. You have an opportunity to gain that permission by appeal.
Visit our website www.planningappealsuk.com and complete our quick enquiry form, we request you provide some basic details such as your name, a contact number to call you to make the assessment, email address so we can confirm the assessment in writing, who your local authority is and what the planning reference of the case was so we can look up the cases details and you can also provide any further information should you wish.
Once you have completed the form a member of our new case assessment team will contact you to book in the assessment for a mutually convenient time. We will not be able to provide a cost for an appeal until we have assessed the case, as each case is different and assessed on its own merits. Once the assessment has been completed then we will, should you wish send over a written proposal document, enabling you to make a fully informed decision.
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