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Open group | Started - July 2012 | Last activity - Today

Applying for a certificate of Lawfulness

Former Member, modified 11 Years ago.

Applying for a certificate of Lawfulness

Hi all, I'm new to the forum so please accept my apology if I am posting my question in the wrong place or if I've broken any forum rules! My dilemma is quite long winded so please bear with me- I have recently had an offer accepted on a property I would like to purchase, but have made it clear to the vendors that I will not proceed to exchange unless I can obtain a Certiicate of Lawfulness for a small fenced off section of paddock that was made separate from the main paddock over 15 years ago. I just received the response from the local council to my request for pre planning advice which was not really here nor there with regards to the likelihiood that I might be granted said certificate, and I just wanted to ask you guys what my chances are of getting the green light on this. A little background on the plot in question, which measures approximately 27x32m. The main paddock was purchased from a local farmer back in 1996, at which point this small plot which butts up agains the back garden of the property was fenced off and mown closely, like a garden, ever since (I have satellite photos to confirm this). Then, in 2002, someone complained to the council that they were unhappy at how this plot was being used and the council carried out Enforcement proceedings, which, for whatever reason were subsequently dropped and no notice was given to the owners of the house. However, they have been using the 'garden' ever since, mowing regularly and having their children play on the land on a continuous basis until the present day, 10 year since that enforcement action was mooted. My main question is this- given that I have a statutory declatation from the vendor and from the resident of the next door property (they lived there from 2002-2009) that gives support to the above, in addition to google earth images dated 2003,2007,2009 and 2010 that clearly show the plot in question resembling garden rather than unkept field and also a few photos dated 2001 and 2005 showing children playing in the garden, is this likely to be sufficient evidence, a balance of probability that this plot has undergone a material change of use for 10+ years and has been used continuously as a garden? My concern is that the council will say, yes, its been mowed and fenced off, yes, it may have been used occasionally as a garden but that I cannot prove continuous use (who can?) and that on balance, I cannot get a Certificate of Lawfulness and rendering the purchase of the property not sure a great deal after all (at present, it has a tiny garden!). Sorry for going on, I've been reading these forums all morning and have been quite inspired by the quality of the threads so was just hopeful for a bit of advice. Many thanks in advance for any help you may be able to give me. Oli
Former Member, modified 11 Years ago.

Re: Applying for a certificate of Lawfulness

Hello Oli. The relevent test is 'the balance of probility' and I would have though that in the light of this you could satisfactorily demonstrate lawfulness on the basis of 10 years continuous use. Provided that the Council have no evidence that would make your version of events less than probable ... they should be able to issue you with a Certificate relatively quickly. There is no requirement to consult on or advertse LDC applications so they can be turned around fairly promptly. When I was a LPA Planning Officer I once issued one on the same day that it was received!
Former Member, modified 11 Years ago.

Re: Applying for a certificate of Lawfulness

Michael, May thanks for your reply, is there any chance you could volunteer to be my LPA officer?? My main concern with this application is that the vendor has admitted to having a less than good relationship with one of his neighbours, and that assuming the council write to him, and others detailing my application that he is likely to make false statements to the council, thus rendering my application unsuccessful. Thanks again for your reply, I really appreciate it. Oli
Former Member, modified 11 Years ago.

Re: Applying for a certificate of Lawfulness

No ... but I can volunteer to be your Planning Consultant !!!