Use of annexe to a listed building as a separate house considered lawful
SECTORS & SERVICES USED:
- Certificate of Lawfulness
- Conditions
- Planning Applications
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After living in their annexe to a listed building independently for more than 4 years, our client approached us to regularise the use of their home as an independent dwelling. After consulting with the family on the relevant information and evidence that would be required, Bloomfields prepared and presented the case to the Local Planning Authority that the annexe had been occupied independently and was therefore lawful through the passage of time.
Working with an instructed planning barrister to represent the client’s interest, we were able to demonstrate that, contrary to the opinion of the Local Authority, the building was constructed lawfully when it was originally built some 40 years ago and that regardless, the application related to the use of the building only. A Lawful Development Certificate was subsequently granted on this basis.
In the interest of ensuring that there was no question about the lawfulness of the building itself, Bloomfields subsequently submitted a retrospective application for the erection of the building. In which, we demonstrated that the building, which had historically benefited from planning permission, was built in accordance with the original plans and would not result in harm to the Listed Building or character of the surrounding area. As well as that, considerations as to the sustainability of the dwelling were not relevant as the use had already been established.
Bloomfields are pleased to have been able to assist our clients in navigating the planning system and negotiate with the Council to achieve a successful outcome.