London Borough of Havering Grants Lawful Development Certificate for an Existing Dwelling

We recently submitted an application to the London Borough of Havering for a Certificate of Lawfulness for an existing use. A Lawful Development Certificate is a legal document issued by the local planning authority that in this case was required to regularise unauthorised development and prevent enforcement action being taken. The Certificate of Lawfulness sought to confirm that the use of a garage outbuilding had been used as a self-contained independent dwelling for a period in excess of 4 years.

The Planning Challenge

The garage outbuilding is detached from the main residence and over the passage of time had become self-contained and independent of the main dwelling, with its own access.

Under these circumstances, i.e. where the change of use of a building to a single dwellinghouse has occurred, and no enforcement action has been taken for a period of four years beginning with the date of the breach, the building becomes lawful. A Certificate of Lawfulness is required to verify this.

The burden of proof is on the applicant to demonstrate that on the balance of probability the change of use has occurred and the building has been used continuously for a period in excess of 4 years.

It is important that such applications are precise and detailed, with an understanding of planning law. As such, it is necessary to provide the local planning authority with detailed evidence that confirms that the change of use has occurred, which can take the form of, for example, utility bills, statutory declarations to name a few sources. In this particular instance extensive evidence was provided in the form of correspondence with the Council, tenancy agreements and utility bills.

We can help you with your Certificate of Lawfulness

If you require assistance with the preparation and submission of a Lawful Development Certificate, please contact our planning consultants via mail@adpltd.co.uk or by the using the form below.