We were approached by the farm owners following a planning enforcement investigation by the council. Unbeknown to them they had been in breach of planning for a number of years with storage uses in redundant building, outside storage of caravans and shipping containers being used for storage. The council had stated that they either cease the uses of apply for retrospective planning permission.
When RCC met and discussed the issues with the owners it was apparent that the uses would be considered lawful, and thus immune from enforcement action, as they had been going on for over 10 years. We therefore recommended the certificate of lawfulness route.
This is not an easy process and you must provide evidence to prove the breach has occurred for over 10 years on 'the balance of probabilities'. We therefore started the process of pulling together evidence with the clients plus helping them prepare sworn affidavits before then submitting these details with a supporting planning statement.
We were delighted when the planning officer, with the minimum of delays, confirmed that he agreed with our case and issued the two certificates.
