Hi,
I am becoming increasingly concerned over the number of Certificates of Lawful Use that are being issued for a breach of condition which is
not subsisting at the time of the application.
Ellis v Secretary of State for Communities & Local Government and Chiltern DC [2009] EWHC 634 (Admin) 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.
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?
