BCP Council:  Matt Annen, a director of the firm has secured a Lawful Development Certificate for an existing use as a lawful Class E (g)(iii) former B1(c) light industrial use through the passage of time.

The client instructed Pure Town Planning to prepare the evidence case, submit and handle the application.  Where a Lawful Development Certificate is sought, the onus of proof is on the applicant and the standard is on the balance of probabilities. The Courts have held the evidence of the appellant should not be rejected simply because it is not corroborated. If there is no evidence to contradict or make the appellant’s version of events less than probable and his evidence alone is sufficiently precise and
unambiguous that is enough.

The officer concluded that “From the evidence supplied by the applicant, on the balance of probability, the property has been in use for activities within Class B1(c) Class E (g) iii for more than 10 years, therefore the use claimed is lawful”.

If you have a property with an existing unauthorised use and you would like it regularised, get in touch with Pure Town Planning to ensure that any application is handled correctly.

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