Cleud, no breach subsisting at time of applicationCleud, no breach subsisting at time of applicationhttps://khub.net/c/message_boards/find_thread?p_l_id=53683759&threadId=157744202026-05-16T21:19:22Z2026-05-16T21:19:22ZCleud, no breach subsisting at time of applicationMike Oakleyhttps://khub.net/c/message_boards/find_message?p_l_id=53683759&messageId=157744192015-07-29T12:29:41Z2015-07-29T12:29:41ZHi,<br />
<br />
I am becoming increasingly concerned over the number of Certificates of Lawful Use that are being issued for a breach of condition which is <em>not</em> subsisting at the time of the application.
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<div dir="ltr"><strong>Ellis v Secretary of State for Communities & Local Government and Chiltern DC [2009] EWHC 634 (Admin)</strong> makes it clear that a breach of condition has to be continuing at the time an application for a Certificate is made. It appears however, that a number of LPA's are not aware of this. Quite often I have come across cases where a Certificate is issued for a breach of an occupancy condition only to find that the property was unoccupied on the date of the application, commonly due to the application being made by executors of a will whilst the property is going through Probate. Consequently, not only is the breach not subsisting at the time of the application but, as a consequence of the fact that probate can take an awfully long time, some breaches will most certainly be at an end.<br />
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My biggest concern is what happens when at some point in the future the soundness of the Certificate is questioned by dint of its incorrect issuance?</div>Mike Oakley2015-07-29T12:29:41Z