Permitted Development

Lawful Development

A Certificate of Lawful Development confirms that existing or proposed uses and/or operations are lawful and thus do not require planning permission. Applications for Certificates of Lawfulness are not concerned with planning policy but instead the tests of the relevant legislative Acts, General Permitted Development Order and case law.

Certain projects do not require planning permission as they qualify under what is referred to as “permitted development”. Permitted development rights cover a wide range of works including but not limited to outbuildings, extensions, demolition and certain changes of use, which can apply to both residential and non-residential properties. SM Planning can provide clear guidance as to what permitted development rights may apply.  

In some cases, unauthorised works or changes of use may also become lawful over time, or may not constitute development under the Town and Country Planning Act 1990. A Certificate of Lawful Development can be used to formally confirm this status, helping to regularise your property and avoid potential planning enforcement action.

Our team of London planning consultants can manage the formal process of obtaining an appropriate Certificate of Lawful Development

For more information on any of our Planning Consultancy services, contact one of our London Planning Consultants here

What is the difference between Planning Permission and a Lawful Development Certificate?

Planning permission is formal approval from the local planning authority that is required for most new development, extensions, and changes of use, and it is assessed against planning policy, design considerations, and local impact.

A Lawful Development Certificate, confirms that an existing or proposed use or works are lawful and do not require planning permission, based the relevant Legislative Actsl, General Permitted Development Order and/or Case Law.

Do I need a planning consultant for a lawful development application?

Using a planning consultant can be highly beneficial, as lawful development applications rely on accurate technical detail and strong supporting evidence to demonstrate compliance with planning legislation, permitted development rights, and case law. A consultant can help assess whether your proposal is eligible, prepare the correct drawings and documentation, and reduce the risk of delays or refusal.

At SM Planning, we provide expert guidance and manage the full lawful development application process to improve the likelihood of a successful outcome.

How do I know if my property has permitted development rights?

You can usually determine whether your property has permitted development (PD) rights by checking whether they have been removed or restricted through a planning condition or an Article 4 Direction set by the local planning authority. At SM Planning, we can review your property and confirm exactly what permitted development rights apply, providing clear professional advice tailored to your project.

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