Local Authority Bulletins

From 1 July 2024, we will be removing the mandatory requirement for applicants to upload supporting evidence to verify their applications for lawful development certificates. 

Users will still optionally be able to upload such files, but local authorities that wish to retain this a mandatory document requirement will need to re-enable it as part of their admin configuration options on Planning Portal. 

Help on using these functions is available in our LPA Admin guidance¹. 

Our support team can also assist in updating these settings². 

Please note that lawful development applications will still contain a mandatory question asking why the development should be considered lawful, it is only the supporting document requirement that is being altered. 

Context for the requirement

Based on legislation, we have historically asked for applicants to provide evidence to verify their application for a lawful development certificate. 

The Town and Country Planning (Development Management Procedure) (England) Order 2015; Article 39³; Paragraph 2 states: 

“An application to which paragraph (1) applies must be accompanied by … such evidence verifying the information included in the application as the applicant can provide” 

Based on this, our supporting documents logic mandates that files are uploaded, and provides users with the following information: 

Why we are making the change

We do not take the removal of legislative requirements lightly but, in this case, it seems the best option given that there is an easy way for local authorities to reinstate it if necessary. 

Out of all the supporting information requirements on our system, this one generates the most queries from users either not understanding what needs to be provided or questioning the need to supply such information at all. 

We have also reviewed the information requirements of several local authorities and their websites/online services, and none of them mandate that this supporting documentation is provided. 

While we can assist users in the process of completing their applications and can reference the legislative requirements, we do not provide specific case-by-case advice on what needs to be provided in question responses or supporting information. 

Instead, we ask that they discuss the matter with the local authority to ensure that the application stands the best chance of being valid at the point of submission. 

In this case, we have frequently heard back that the local authority cannot provide such assistance, and/or that they also question the requirement to provide this information as part of the submission. 

Therefore, in the interest of all parties, we are updating our system to remove the mandatory requirement (making it optional for users), and instead leave it for each local authority to enable if they deem it necessary (on the basis that they will be able to justify the requirement and provide guidance to their applicants on fulfilling it where queried). 

1. https://mcas-proxyweb.mcas.ms/certificate-checker?login=false&originalUrl=https%3A%2F%2Fecab.planningportal.co.uk.mcas.ms%2Fuploads%2FLPA-admin-guide.pdf%3FMcasTsid%3D15600&McasCSRF=1831e6a25d998e3dda6b489cb655a5681d7f812a3378c6c25b3708e4f3f0b3c4
2. https://mcas-proxyweb.mcas.ms/certificate-checker?login=false&originalUrl=https%3A%2F%2Fwww.planningportal.co.uk.mcas.ms%2Fservices%2Fhelp%2Fcontact-the-planning-portal%3FMcasTsid%3D15600&McasCSRF=1831e6a25d998e3dda6b489cb655a5681d7f812a3378c6c25b3708e4f3f0b3c4
3. https://mcas-proxyweb.mcas.ms/certificate-checker?login=false&originalUrl=https%3A%2F%2Fwww.legislation.gov.uk.mcas.ms%2Fuksi%2F2015%2F595%2Farticle%2F39%3FMcasTsid%3D15600&McasCSRF=1831e6a25d998e3dda6b489cb655a5681d7f812a3378c6c25b3708e4f3f0b3c4