We are thrilled to have worked with a client in Gloucester to secure a certificate of lawful development for their operational development consisting of a rear roof dormer addition which had been present on a property for a period of more than 4 years.
An application was made under S191 of the Town and Country Planning Act 1990 for a Certificate of Lawfulness for the existing dormer, in which we demonstrated that whilst the dormer would have been permitted development at the time, due to the expiry of 4 years the works were now lawful. The submitted evidence was sufficiently precise and unambiguous to allow the Gloucester City Council to conclude that on the balance of probability the development was lawful in planning terms.
Our article 4 Years or 10 Year Rule for a Certificate of Lawfulness (CLEUD)? provides a brief overview of which timescale is relevant for different scenarios. However be aware that there are imminent changes to the timescale for lawful development which means that all breaches of planning control will now only become immune from enforcement after 10 years, rather than just 4 for certain operational changes. Take a look at our article on Changes to the Planning Enforcement Timescales for more detail.
More information for you is available in our series of eBooks and Practical Guides which cover everything from the very basics of town planning to application processes and what developers need to consider. Our FREE Practical Guide covering the basics of Certificate of Lawfulness is available if you find yourself in a similar scenario.
However, if you need assistance then don’t hesitate to Contact Us for a free initial consultation.