Lawful Development Certificate granted for an independent...

CoLEvidencetimeline We recently assisted a client by securing a Certificate of Lawfulness (CoL) for an existing use. The CoL sought to confirm that the lower ground floor of a house had been used continuously as a self-contained flat in excess of 4 years and was therefore immune from enforcement action.

A previous application to regularise the situation had been refused. However a refusal of a CoL does not necessarily mean that the use is unlawful, and should not preclude the submission of a further application if better evidence is subsequently available.

The guidance on CoL indicates that the burden of proof is on the appellant. Further evidence had become available to address concerns raised by the council. We therefore worked closely with our client to help them prepare for a robust resubmission, ensuring that the evidence provided was sufficient to prove independent residential occupation of the flat for over 4 years and to meet the requirements of the “balance of probability” test.

The evidence was carefully collated and included sworn statutory declarations, tenancy agreements, marketing agent correspondence and utility bills.

We were delighted that this time Hackney Borough Council saw fit to grant the CoL and secure the future of a much-needed and useful unit of accommodation.

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Plainview Planning comprises a group of experienced and knowledgeable planning consultants and urban designers who bring a keen eye and fresh perspective to planning applications. Contact the team via enquiries@plainview.co.uk to see how we can best assist you in achieving your planning aims.