Certificates of Lawfulness

1. It is possible to try to regularise, in planning terms, an existing unauthorised use or structure by making an application for a Certificate of Lawfulness for an existing use or development 93.19 KB
   
   All unauthorised structures (and also unauthorised uses like dwellings or flats) require a four year period of proof, while all changes of use require a ten year period of proof. The onus is on the applicant to supply documentary evidence to demonstrate that the use or building has been in existence for these periods of time. This is together with the application form, plans and Lawful Development Certificate fee.
   
   The legal test of the evidence is on "the balance of probability" rather than "beyond reasonable doubt". The decision on these applications is taken purely on factual information, without any regard to suitability or whether or not planning permission would have been granted. Decisions on these applications are delegated to the Borough Solicitor.
   
   
2. To seek a determination as to whether a proposed use would be lawful, click on the following link to make an application. Certificate of Lawfulness for a proposed use 118.16 KB would be used where you would wish to establish that the use of a piece of land or a proposed building would not require consent for same reason.