Certificate of Lawfulness at Grade II art gallery

Our client was faced with an enforcement threat over Grade II listed gallery and sought advice on diversification of use.


An historic gallery built in 1880, and once being the home of the art collection of Sir Francis Cook, faced an uncertain future. The building had been identified by English Heritage on the ‘At Risk’ register. A complicated planning history provided a barrier to future renovation and use. Furthermore, the London Borough of Richmond upon Thames considered the D1 gallery use had been abandoned.


Following in-depth research into the history of the site and case law on abandonment, we managed to convince the Council  that the gallery still retained its D1 use class, and that any D1 use under the Use Class Order could be carried on at the premises without the need for express planning permission.


A Certificate of Lawfulness was granted, and future development options are now available to the client.