PD rights for development immune from enforcement? - Public forum - Planning Advisory Service (PAS)

I am not familiar with any specific case law but in my view the 'annexe' cannot avail itself of P.D. rights unless it is lawful i.e . a certificate of lawfulness has been issued identifying the annexe and its curtilage (the planning unit). Has a Certificate been applied for and obtained in this case? Incidentally, the four year rule applies in this case.

If a certificate is granted for the annex as a self contained unit with curtilage, would it then benefit from PD? At the moment they are by-passing the first certificate to formalise its status (breach occured over 20 years ago) and going straight for the 70 cubic meter extension on top!

Immunity from enforcement action would convey full p.d. rights upon the property regardless of there being a certificate of lawfulness in place according to the wording in Circular 17/92 Annex 1 paragraph 5 & 16). However, this text was not incorporated through to Circular 10/97 so it is now less clear and according to D.C. Practice book is yet to be clarified through the Courts. It is always advisable to apply for and obtain a certificate of lawfulness for the avoidance of doubt, but a property owner is not obliged to do so and this does not render what may be a lawful development unlawful.