All posts in Certificate of Lawful Development

A family with three generations have been granted a Certificate of Lawfulness for Proposed Development to allow them to stay together on the same site and support each other, thanks to the work of Prism Planning.

The project has been a long running one, taking over a year to resolve, from start to finish but the wait was more than justified by the result, according to the family.

The case involved a complicated series of interwoven projects with the starting point being to establish the extent of the family garden by means of a Certificate of Lawfulness of Existing Development, legally defining the historic garden limits. This can be an important point for people living in rural locations where the differences between paddocks and gardens can be crucial.

Having carefully established the garden extent, Prism Planning then sought to convince the LPA of the legal ability to put up a log cabin in the garden which could provide accommodation for the 1st generation of the family whilst the 2nd and third generations lived in the main house. In this way, all the family are together on the same site, providing help and support for each other but with the necessary degree of independence and privacy. It’s a care model that looks increasingly attractive to many, recognising the difficulties of getting onto the housing ladder, the rising cost of residential care as well as the benefits of being able to care for your loved ones in a practical manner.

The project wasn’t straightforward, with the LPA doubting the legality of the approach. Prism had to work hard, citing relevant precedents and legal positions to convince the LPA that the position was one they could eventually support.

We expect this approach to be increasingly popular with families in the coming years but it isn’t to be entered into lightly. It requires a sensitive and careful approach. A badly made application might well be unrecoverable – so talk to us before embarking upon a project of this nature if you want to maximise your chances of success.
Planning permission has just been granted by a local planning authority for a new house in the open countryside – without any form of occupancy condition. Normally such permissions would be viewed as being contrary to established national and local planning policies for the protection of the countryside. However in this instance our client already lived on the site in a caravan that had been on site for more than 10 years. Prism had already established the legality of this by obtaining a Certificate of Lawful Development or CLEUD. This certificate became a material consideration in the determination of a recent planning application for a new dwelling on the site. Prism Planning presented a comprehensive planning statement with the submission, supported by appeal precedents relating to how CLEUDs had been taken on board in similar situations around the country. As a result, the LPA were convinced the case was robust and granted planning permission for a permanent dwelling. A very nice outcome for the client and a successful win for Prism!
Prism Planning have just succeeded in getting a Certificate of Lawful Development relating to an occupancy condition attached to what was once a forestry workers house in Richmondshire. The effect of the Certificate allows the occupants to either live in the house without needing to comply with the condition or sell the house without new purchasers having to comply with the condition. It is a little unusual to encounter an occupancy condition which restricts those living in a property to be being ‘foresters’ but that’s just the problem we faced. When the original consent for the house was issued in the 1960’s, it supported an active timber yard where trees were cut into usable timber. The next generation of business owners decided not to cut up timber but instead to import pre-cut timber. This was used to build an array of products from fencing panels through to garden sheds. Somewhere along the way, the business stopped being a forestry enterprise and became a manufacturing business. No one appreciated this subtle but important change. As part of their retirement proposals the owners were looking at the prospect of selling the house but found its value much reduced by the condition. With Prism’s help, they were able to show the Council that as the business had evolved, the condition had been breached for a considerable amount of time and no longer served any purpose. The Council agreed and issued a Certificate of Lawful Development without any debate or concern. The case presented an unusual set of circumstances, not least of which was finding a useable microfiche reader in the area, but we were very pleased to be able to suggest an approach that worked for the client with the minimum outlay of time and expense and a wonderful end result. We wish our clients many happy years of retirement!
A Lawful Development Certificate has been granted by Hambleton District Council relating to a farmhouse that was built more than 40 years ago and was originally subject to an agricultural occupancy condition. The farmer who occupied the property is sadly no longer with us and his executors were seeking the best manner in which to dispose of the property. The original occupancy condition severely restricted the open market value of the property and it was only by a chance remark that it became apparent that the property was never built in the position in which it was originally approved, having been re sited by the farmer without consent from the LPA, to take advantage of better views down the valley. Relying on up to date case law, Prism Planning were able to persuade the Planning Authority that the original consent had not been lawfully implemented and that as a result, the originally intended occupancy condition no longer had any legal “bite”. As the property had been built more than four years ago, the resultant building was free of the occupancy condition leaving the executors to market the property as an ordinary dwelling and obtain the full market price for it. This is a very unusual case and one that we don’t think is likely to feature commonly. However the case outlines that it is important to lawfully implement a planning permission in order for any conditions to practically take effect on a project. Where a development has not been lawfully implemented it may well be worth a discussion with Prism to see whether any practical advantage can be taken of such a situation.