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i have been advised to apply for a certificate of lawfullness, if i apply when they turn me down does it then make it easier for them to get me off? or do i wait for them to come back to me?
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certificate of lawfullness
Started By
gypsy boy
, 13 Apr 2012 16:53
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#2
Posted 13 April 2012 - 21:04
RichardD
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- Book Owners
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- 78 posts
Friend
Depends on who has advised you to apply and what for - is the certificate of lawfulness for a proposed use (not yet taking place) or an existing use (for something you are already doing)?
A certificate of lawfulness is based on fact so if it's for an existing use that has become lawful (without an application for planning permission) then the Local Planning Authority are obliged to issue you with a certificate - the burden is on you to prove the use is now lawful and they will be very very picky regarding any "evidence" you submit with the application.
If you are being advised to submit an application for a formal determination that what you propose is a lawful development or use that is permitted development then I would first suggest you ask (whoever has advised you to make the application) why you should do so when what you propose does not require planning permission - and get a response in writing.
If "they" turn you down - you should appeal, but that also depends on the reasons they give if they refuse to grant the certificate.
And if the certificate is refused they should either suggest the submission of a planning application if they would approve the use with conditions - if what you are doing is unacceptable then they should be explaining their considerations to take enforcement action (not be inviting a certificate of lawfulness).
A certificate of lawfulness is based on fact so if it's for an existing use that has become lawful (without an application for planning permission) then the Local Planning Authority are obliged to issue you with a certificate - the burden is on you to prove the use is now lawful and they will be very very picky regarding any "evidence" you submit with the application.
If you are being advised to submit an application for a formal determination that what you propose is a lawful development or use that is permitted development then I would first suggest you ask (whoever has advised you to make the application) why you should do so when what you propose does not require planning permission - and get a response in writing.
If "they" turn you down - you should appeal, but that also depends on the reasons they give if they refuse to grant the certificate.
And if the certificate is refused they should either suggest the submission of a planning application if they would approve the use with conditions - if what you are doing is unacceptable then they should be explaining their considerations to take enforcement action (not be inviting a certificate of lawfulness).
#3
Posted 04 May 2012 - 19:47
gypsy boy
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- Members
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- 14 posts
Chick
- Locationcamb's
thank,s for the reply, i have lived on the peice of land [aprox 10 acres] since 2001 and have never been served with any enforcment notices, i brought 1/2 an acre from the man who owned it 7 years ago and put my own double unit mobile on their, they then came to me and i had to fill in a form telling them my intentions, i,ve had acouple more visits over the years but as i said no legal papers served, i pay council tax, electric, etc so i have a proper adress their, i have a letter from a serving barrister stating that he has known me since 20001 and that i have allways lived on the land ever since he has known me, it was a slisitors firm i emailed that advised me to apply a certificate of lawfullness, what are my choices and chances, thanks GB
#4
Posted 21 May 2012 - 21:37
drdave
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- Book Owners
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- 6 posts
Chick
Hi GB, just wondering what you wrote on the form notifying them about your intentions? Did you say you intended to live there?
#5
Posted 28 May 2012 - 19:45
RichardD
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- Book Owners
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- 78 posts
Friend
Hello Gypsy boy - from the post you made on 4th May I take it that the form you had to "advise of your intentions" was a 'planning contravention notice' (PCN)? IF you can prove you have lived on the land in a caravan for 10 years you could apply for a certificate of lawfulness - and if you prove it you'll be granted a certificate - but the burden of proof lies with you, so take professional advice.
If you don't apply for a certificate (and do nothing) you'll have to appeal against any enforcement notice - one of the grounds of appeal is that the Council are out of time (10 years in the case of a caravan) to take enforcement action, but in any case you'll still need to appeal against the enforcement notice and provide the same proof.
The Council do not have to prove their reasons for serving the notice because they only need to have 'reason to believe' there is a breach of planning regulations, the notice should say 'they believe the breach has occurred within the last 10 years'.
I suspect that if you indicated on the PCN that you've lived on the site for 10 years (and they haven't served an enforcment notice already) they may have accepted that they are out of time themselves.
So, if you are staying put then you don't need to apply for a certificate of lawfulness - however if you sell the land and move off (with no certificate) then they will contend the unauthorised use had ceased unless the new owner immediately occupies the land - so get a certificate before you sell.
ps - your previous post is a little confusing!? you say you put you brought a piece of land 7 years ago and put your twin unit on it? that's not ten years and it may also be considered that at that time it was a 'separate planning unit' and if that is the case your 10 year claim would fail.
If you don't apply for a certificate (and do nothing) you'll have to appeal against any enforcement notice - one of the grounds of appeal is that the Council are out of time (10 years in the case of a caravan) to take enforcement action, but in any case you'll still need to appeal against the enforcement notice and provide the same proof.
The Council do not have to prove their reasons for serving the notice because they only need to have 'reason to believe' there is a breach of planning regulations, the notice should say 'they believe the breach has occurred within the last 10 years'.
I suspect that if you indicated on the PCN that you've lived on the site for 10 years (and they haven't served an enforcment notice already) they may have accepted that they are out of time themselves.
So, if you are staying put then you don't need to apply for a certificate of lawfulness - however if you sell the land and move off (with no certificate) then they will contend the unauthorised use had ceased unless the new owner immediately occupies the land - so get a certificate before you sell.
ps - your previous post is a little confusing!? you say you put you brought a piece of land 7 years ago and put your twin unit on it? that's not ten years and it may also be considered that at that time it was a 'separate planning unit' and if that is the case your 10 year claim would fail.
