Planning House are delighted to have secure approval from High Peak Borough Council for a certificate of lawful use for residential use of land and a number of operational developments at a rural property in Derbyshire. The certificate was secured on the basis that we were able to prove on the balance of probabilities that the use and development had been established for in excess of the timescales in which enforcement action can be taken.
In this case the operational development consisting of a single storey structure, raised timber decking with hot tub, conservatory/potting shed had been present on the land for a period of more than 4 years. And the use of areas surrounding the property had been used for purposes incidental to the enjoyment of the main dwelling on the site for more than 10 years. 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.
Based on the evidence submitted by Planning House, High Peak Council were satisfied that the appropriate legal tests were met and therefore granted a lawful development certificate.
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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.
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