TonyAtTheCroft

Thanks IanR, but in the Planning Practice Guidance it states; "The statutory framework covering “lawfulness” for lawful development certificates is set out in section 191(2) of the Act. In summary, lawful development is development against which no enforcement action may be taken and where no enforcement notice is in force, or, for which planning permission is not required." Which seems to be saying the development becomes lawful once enforcement action can't be taken?

Thanks BigBub, I think you are right, that would support my view from what I've read. The proposal that was turned down was entirely within the red line boundary agreed in the CLD, and I emphasised that fact in several places. I will definitely take this to appeal.

My LA (Calderdale) has turned down my application to rebuild our dwelling in the Green Belt. I applied under paragraph 154(g) of the new NPPF (December 2024) which creates an exception in the green belt if the land is "Previously Developed Land" (PDL). They are saying that the land is not PDL under the current definition because the existing development was legalised by a Certificate of Lawful Development (CLD) granted to us in 2023. The definition of PDL in the new NPPF starts: "Land which has been lawfully developed and is or was occupied by a permanent structure and any fixed surface infrastructure associated with it..." The words "...has been lawfully developed..." were added in for the latest NPPF so were not there prior to December 2024. So they are using this amendment to claim that a Certificate of Lawful Development does not mean that the land has been Lawfully Developed!! Sounds crazy to me. My view is that there is no difference between development made lawful through planning permission, and development made lawful via CLD. I believe that these extra words have only been added to the definition of PDL in order to exclude developments that are not lawful in any respect, that is, no PP or CLD. I think they are just clutching at straws in order to refuse my development. What do you guys think?