Lawful Development and Previously Developed Land

[Tony O'Leary]

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?

[Ian Walmsley]

I would potentially agree. 

However one would need to see the full application etc., to fully comment. 

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