We recently mentioned we had been successful in obtaining a Certificate of Lawfulness for one of our clients. We were pleased to get this sorted for the Client, but thought it would be a good time to explain more about how and why this needed to be obtained.
The property had had the approved house foundations poured in the early 1990s, but no further building action had taken place after that. We felt that the planning permission was still live, but it was vital for the Client to be able to prove to the local planning department that the permission previously granted was still valid and binding. The process of investigating this can be quite lengthy and it is advisable to seek professional help like ours to get this sorted. Our investigation of this not only involved discussions with our Client but also delving back through the historic records contained at the North Yorkshire County Records Office.
So, what is a Certificate of Lawfulness?
A Certificate of Lawfulness, in this case, allows you to make a formal application for a certificate to determine whether your development can become lawful through the passage of time and can be continued without the need for further planning permission.
In this case the planning permission had been given and foundations laid, but no further building action had been taken. It required us to fully investigate the case, speak to Building Control to ascertain that they were still functional enough to build upon.
The issue of a certificate depends on factual evidence we can gather about the history and planning status of the site or building and interpret any relevant planning law. The granting of a certificate applies only to the lawfulness of the development carried out.
We were able to supply this evidence in this case, to allow the Council to provide the Client with the certificate to satisfy any future interest or enforcement for the local planning authority, and to allow the Client the certainty that the permission for their house was valid.
Sometimes planning work can take up more time than you would like so it is advisable to take some professional advice. This is where we can help you. Why not call us for a FREE consultation today. For more information, please contact us at info@lavingham.com or send us a message via our social media platforms.
