Certificate of Lawfulness Secured in Bedfordshire

J & J Planning and Design has successfully secured a Certificate of Lawfulness for the established use of land and buildings in Bedfordshire.

Certificate of Lawfulness applications are evidence-led. Rather than considering the planning merits of a use, the Local Planning Authority must determine whether, on the balance of probability, the available evidence demonstrates that the use or development is lawful.

This project involved examining the history of the site and bringing together evidence to demonstrate the nature, extent and continuity of the use over the relevant period. The supporting case drew upon historic aerial photographs, site photographs, statutory declarations and other information relating to the use of the land and buildings.

The Council accepted the evidence and concluded that the material change of use had occurred and continued for the requisite period, resulting in the Certificate being granted.

The case demonstrates the importance of presenting clear and consistent evidence in Certificate of Lawfulness applications, particularly on sites where uses have evolved over many years or where the planning history is complex.

J & J Planning and Design advises landowners and businesses on Certificates of Lawfulness, established uses and other planning matters where clarification of the lawful planning position is required.