Certificate of Lawfulness Approved for Subdivision of a London Property
We recently secured a Certificate of Lawfulness for the Existing Use consent for the subdivision of a property in Romford, London into two separate self-contained dwellings.
What was the Purpose of the Certificate of Lawfulness?
This was an application for a Certificate of Lawful Development (Existing). It was effectively a request to the London Borough of Havering to confirm that the development did not require an application for planning permission to be submitted to the Council.
In assessing this application, the London Borough of Havering needed to determination the law and evidence of facts.
Section 191(2) (a) of the Town and Country Planning Act 1990
Section 191(2) (a) of the Town and Country Planning Act 1990 (the "Act"), states that a use or operation is lawful if the time limit for enforcement action has expired.
The Levelling-up and Regeneration Act 2023 (LURA), and subsequent secondary legislation (2024), brought new enforcement provisions into force. Section 115 revoked the four-year time limit for enforcement actions, extending it to ten years for all breaches of planning control.
However, the transitional provisions mean that this change will not apply in the following circumstances:
· Where the operational development was substantially completed before 25th April 2024.
· Where the change of use to a dwelling occurred before 25th April 2024.
Provided that the above criteria can be met, then the four-year rule would remain.
Section 191(4) of the Town and Country Planning Act 1990 places the onus of proof in an application for a Lawful Development Certificate firmly on the applicant. The courts have held that the relevant test of the evidence on such matters is the 'balance of probability'.
The 4-Year Rule Evidence
To demonstrate compliance with the 4-year rule, in this instance, the application was supported by a Statutory Declaration, rent records and tenancy agreements, Council Tax payments, amongst other items.
The London Borough of Havering’s planning officers were satisfied with the evidence presented as part of this Certificate of Lawfulness submission and agreed the operational development and change of use to subdivide the property into 2 no. dwellings was no lawful.
Are Looking to Subdivide a Property in London?
If you’re considering subdividing a property in London or need guidance on planning regulations, our experienced team is here to help.
Contact us today to discuss your project and explore how we can assist you in navigating the planning process smoothly and efficiently.
