CLEUD Certificate Issued for Dwelling in Cotswold District
IPS has successfully secured a CLEUD (Certificate of Lawful Existing Use) for an existing residential property, the Lambing Shed in Cheltenham Borough.
IPS was instructed to respond to the comments raised following the Applicants submission of an application for a Certificate of Lawful Existing Use. Planning permission was granted under reference 14/05642/FUL for the conversion of the existing lambing shed to form residential accommodation in July 2015. The submission of the CLEUD sought to regularise the conversion which had not been completed in accordance with the permitted plans. This included an extension to the converted shed to add two additional bedrooms and a reconfiguration of the internal layout of the building.
In consultation to the application the Local Authority’s Legal Officer considered that breaches of condition are subject to a 10-year time limit of enforcement, and not the 4-year limit to which the application sought approval.
IPS argued that the development which was implemented at the site was materially different to that granted in the original permission. The implemented development actually comprised a conversion and an extension of the existing agricultural building. The extent of the building as constructed was materially different to that approval and falls beyond the terms and description of the approved development as cited on the decision notice. This was in effect another form of development comprising a conversion and extension.
IPS sought the advice from our colleagues at Clarke Willmott to assist in the analysis of relevant case law for these proposals. This included King’s Lynn and West Norfolk Borough Council v Secretary of State for the Environment [1995] JPL 730 and Welwyn and Hatfield District Council v Secretary of State for Communities and Local Government 2011 Supreme Court
The first case, relies on the Case Law which clearly established that a breach of any condition associated with a change of use of a building to residential can legitimately be regarded as falling into the “4-year rule”. The second interpretation, is that in departing from the terms of the permission i.e., that the development comprised more than simply change of use but also an extension, the development falls beyond the terms of the originally permitted change of use of the original former Lambing Shed.
The submission also included a suite of evidence demonstrating the completion date and building regulations certificate for the development and evidence of the continued occupation of the dwelling, through associated utility bills and council tax bills.
Accordingly, based on the evidence and case collated and provided by IPS, the LPA considered that the 4-year rule would apply. The building works had been substantially completed more than 4 years ago and the buildings had been occupied as a single dwelling house for the duration of this time. A Certificate of Lawful Existing Use was thus issued by Cotswold District Council.
IPS were pleased to secure this CLEUD certificate for our clients, securing the lawful and continued occupation of their home for future years. In our experience the success of CLEUD submission is reliant on the evidence which can be provided to the LPA to demonstrate the continued use and the appropriate analysis of case law. Should you require any assistance with this type of application, please do not hesitate to contact us.
