A Certificate of Lawfulness, if approved, certifies that a development is immune from enforcement action because the use is lawful. Do you have immunity from enforcement?
Reasons For Obtaining A Certificate of Lawfulness
A Certificate of Lawfulness can be applied for for an existing use, operation or activity that otherwise might amount to a breach of a planning condition. It can be applied for to claim that the following uses are lawful:
- existing use of buildings/land
- operations (building works) that have been carried out
- failure to comply with a condition/limitation attached to a planning persmission
Why Apply For A Certificate of Lawfulness?
It is vital for landowners to explore the powerful rules of immunity to enforcement action. They are of particular value in respect of non-agricultural uses by farmers and industrial or non-conforming uses. In some cases they can effectively upgrade the existing planning permission provided the rules established in a planning case of Burdle about planning units allow (see below). We will review your circumstances and advise you whether a Certificate would be suitable in your case.
All too often Councils claim they know the legal position on immunity but regularly this proves untrue. The only way to be certain is to obtain expert legal advice.
Our Experience
We are experienced in a wide variety of immunity and certification cases. Every case is unique and we always aim to find the most beneficial route for a client. In some instances we even create development opportunities that did not previously exist. We welcome the chance to help you.
Please call us on 01634 811 118 or complete our online enquiry form.
Planning Unit
The term “planning unit” is often misunderstood and is regularly the subject of inspector and judicial rulings that cause serious upset. Failure to understand your planning unit might ruin the basis for any particular development you seek. It can also lead to high and abortive costs and wasted time. We aim to prevent this or if it has arisen, to help you resolve the issue as swiftly as possible.
Please call us on 01634 811 118, complete our online enquiry form, or email our planning law expert Nicholas Kingsley-Smith.
Back to Planning & Environment
We would like to thank you for the superb work and attention to detail that has gone into our dispute with the council so far!