Borough of Poole: Darryl Howells has secured two lawful development certificates (sometimes called a CLEUD after Certificate of Lawfulness of Existing Use or Development) to confirm the lawfulness of the continued use of former offices as two self-contained flats in a building adjacent to the quayside in Poole. The owner’s predecessor had converted the accommodation to form the flats without the benefit of planning permission more than four years ago.

The applicant sought Darryl’s guidance and instructed him to collate the evidence and submit and manage the CLEUD applications. In these kind of applications the burden of proof falls to the applicant and the test of the evidence is on the “balance of probabilities”. The planning officer wholly agreed that there was sufficient evidence to demonstrate that the use of each of the flats had occurred for 4 years prior to the date of the applications, in accordance with Section 171B of the Town and Country Planning Act 1990.

If you have an unlawful use or development which you are hoping to regularise, before you do anything you should seek professional advice – contact Pure Town Planning for an initial discussion in complete confidence.

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