Lawful Development Certificate to Confirm Commencement of Development
We are thrilled to announce a significant milestone in the development journey of a site in Basildon, Essex. The approval of a Lawful Development Certificate (LDC) by Basildon Council officially confirms the lawful commencement of development at this site. This achievement marks an important step forward in realising the vision for this property.
The Planning Application
The original planning permission, granted in April 2022, included the demolition of a mobile home and other outbuildings, the construction of a replacement dwelling, realignment of the internal access road, and associated ancillary works.
One of the key conditions stipulated that development must commence within three years of approval—a deadline taht was fast approaching.
To ensure compliance, the landowner undertook a series of material operations, including the demolition of buildings identified in the approved plans.
The timing and nature of these works were critical to meeting the requirements of Section 56 of the Town and Country Planning Act 1990, which defines the commencement of development. Through precise planning and documentation, we successfully demonstrated that these operations constituted a “material operation” under the Act.
Evidence Supporting the Application
The application for the LDC was supported by robust evidence, including:
Photographic Records: Images taken at the time of the commencement of development, which clearly documented the demolition of buildings as outlined in the approved plans.
Demolition Quotation and Invoice: Detailed records of the demolition contract and payment confirmed the works’ alignment with the planning permission.
These documents provided unambiguous proof that the development was lawfully initiated within the specified timeframe.
As established in relevant case law, such as Malvern Hills DC v SSE and Field v FSS & Crawley BC, works of this nature—when part of the authorised development—are considered valid commencement activities.
Our team prepare a comprehensive and compelling submission, leaving no room for ambiguity.
The approval of the LDC is more than a formal acknowledgment; it is a green light for the continued progress of the site’s redevelopment.
Contact Us about Your Development
If you have any questions about planning applications, lawful development certificates, or other planning-related matters, feel free to get in touch with our expert team. We are always here to assist with your development needs.
