Certificate of Lawfullness
Discussion
neighbours House had an agricultural tie on it, a certificate of lawfulness granted, does that mean he now has full residential use, he plans to use it for holiday lets, I have fallen out with him, he is trying to hold me to ransom over an old covenant. I seem to remember that a cert of lawfulness only protects you from enforcement for that use, the 12 year breach was a tenant who didn't qualify as an agricultural tenant.
It isn't his main residence so he has been using it as a holiday home in recent years and now that he plans holiday lets could it endanger his cert of lawfulness?..........see decision notice below
Use of property as permanent residential dwelling (occupied in breach of agricultural occupancy condition for in excess of 10 years)
Decision
Was lawful use (2nd February 2015)
The Local Planning Authority hereby certify that on 19 December 2014, the use, operations,
and/or other matters described above in respect of the land specified above was lawful
within the meaning of Section 191 of the Town and Country Planning Act 1990 (as
amended). The Local Planning Authority is satisfied that, on the balance of probabilities, the
use of the dwelling without compliance with the agricultural occupancy condition, has been
continuous for more than ten years, and the dwelling is now immune from enforcement
action in respect of condition 6 of application T440/62, granted 22.6.1962.
It isn't his main residence so he has been using it as a holiday home in recent years and now that he plans holiday lets could it endanger his cert of lawfulness?..........see decision notice below
Use of property as permanent residential dwelling (occupied in breach of agricultural occupancy condition for in excess of 10 years)
Decision
Was lawful use (2nd February 2015)
The Local Planning Authority hereby certify that on 19 December 2014, the use, operations,
and/or other matters described above in respect of the land specified above was lawful
within the meaning of Section 191 of the Town and Country Planning Act 1990 (as
amended). The Local Planning Authority is satisfied that, on the balance of probabilities, the
use of the dwelling without compliance with the agricultural occupancy condition, has been
continuous for more than ten years, and the dwelling is now immune from enforcement
action in respect of condition 6 of application T440/62, granted 22.6.1962.
What does condition 6 of application T440/62, granted 22.6.1962 say?
The CoL doesn’t grant planning permission, it just means that the use is lawful and the condition above can no longer be enforced.
Generally using a residential property as holiday lets does not require planning permission. The LPA would probably be more that happy to grant him PP for holiday lets as they could condition it against normal residential use again.
The CoL doesn’t grant planning permission, it just means that the use is lawful and the condition above can no longer be enforced.
Generally using a residential property as holiday lets does not require planning permission. The LPA would probably be more that happy to grant him PP for holiday lets as they could condition it against normal residential use again.
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