Donate SIGN UP

Planning Lawful Use Certificate

Avatar Image
jilldjmartin | 15:29 Thu 03rd Jul 2014 | Civil
2 Answers
Hi Im considering buying a piece of land that an elderly relative is living on in a stable block - she has lived there for many years, paying council tax and would wish to see out her remaining days there which i would be very happy for her to do.
I would wish to obtain a planning lawful use certificate so that in the future I may live there in my retirement . The current accommodation is basic - just like a studio apartment with water and electric and an earth closet. please can any one tell me how I would obtain this and if the planning would be transferable - I would hate to start the process and have my relative evicted from the place they love
many thanks
Gravatar

Answers

1 to 2 of 2rss feed

Best Answer

No best answer has yet been selected by jilldjmartin. Once a best answer has been selected, it will be shown here.

For more on marking an answer as the "Best Answer", please visit our FAQ.
Fairly straightforward, Jill..................

http://www.planningportal.gov.uk/permission/responsibilities/planningpermission/ldc

Click on the online application link.

Any PP, or in your case LDC (lawful development certificate) applies to the use of the property regardless of ownership. If it's lawful, then it is so for whoever lives there. That is, as long as there are no particular restrictions or conditions..eg Agricultural use.

It would be interesting to know how the original use was established (by the relative concerned.) Be aware though that, if it is unlawful, the current use could not be allowed.

Refer to the answer I gave below to a question over 5 years ago, asking much the same thing. It is effectively like making a planning application and the required drawings are the same. Only the fees have gone up - it is the same cost as a planning application. The required length of time is at least ten years.
She is in a strong position because if the local authority has accepted the dwelling for council tax purposes without realising no consent exists, then they are pretty much up a gumtree, provided it's been like that for over ten years.
You may wish to seek independent advice that the application would succeed ( I.e. there are no other factors at play before declaring your hand as, not unnaturally, planning officers aren't keen on these because they confirm an internal foul-up in council processes.

1 to 2 of 2rss feed

Do you know the answer?

Planning Lawful Use Certificate

Answer Question >>