BCP Council (Bournemouth area): Matt Annen, a director of the firm, is pleased to share the news that he recently secured a certificate to establish the lawful use of a former annexe outbuilding as a self-contained independent dwelling in Bournemouth.

Lawful Development applications take time to prepare to ensure that on the balance of probability the evidence submitted will make clear to the Council that the unlawful use has continuously operated for the minimum amount of time required to become lawful under the relevant statutory legislation. This application related to a breach of a previous condition which restricted the occupancy of the annexe to be owner’s accommodation of a connecting hotel. We had to demonstrate that the self-contained, independent use was separate from the former hotel and had continued for a period in excess of 10 years. This required us to provide evidence including:

  • Statutory declaration from the property owner
  • Council tax records
  • Date stamped photographs
  • Electoral Role information

Furthermore, the publically available enforcement records were checked to ensure that at no time in the last 10 years that the Council had served an enforcement notice asking for the unlawful use to cease.

With the application submitted, Pure Town Planning closely liaised with the Enforcement Officer throughout the application. The Case Officer concluded that on the balance of probability and on the basis of the evidence provided as part of the application that the use of the application site has been in continuous use for the purposes specified for a period in excess of 10 years and issued a Lawful Development Certificate confirming that the existing use is now an independant, self contained C3 dwelling house.

The client was delighted “thank you so much for your amazing work, I am completely overwhelmed”. Lawful Development Certificates are a very useful planning tool which can confirm the lawfulness of proposed and existing uses and developments. They are particular useful to have if you ever decide to sell on the property and/or business to show that your building work and/or change of use is lawful.

So if you’re looking to regularise an existing use/development or would like to confirm your proposed works are lawful why not give Pure Town Planning a call on 01202 585524 for a free confidential discussion on how we can assist you.