As I pointed out in paragraph 19.8.2 of my recent book, The Essential Guide to the Use of Land and Buildings under the Planning Acts, it has long been established that lawful use rights will be lost if an enforce¬ment notice is served and the existing use rights are not then raised as a ground of appeal. It seems thus that his actions were fraudulent, ie, he only applied for the sort of permission he was likely to get. In answer to ‘futureweb’ (4 May), it is essential that an appeal against the enforcement notice should reach the Planning Inspectorate before the date on which the notice takes effect, failing which this notice must be complied with, irrespective of what arguments there could have been or might have been as to the lawfulness of the use. I find you blog very interesting and thank you. Even the admin (payroll and accountancy) are done off-site.My partner runs a business as a drive/patio layer.We have a personally owned mini-digger in our garden which was bought to help us renovate our home and garden. Flying the flag – but not the ‘Skull and Crossbones’, The 4-year rule – Holiday lets and second homes. Who's right here? Professional advice should always be sought in such cases. ** The 4-year rule applies only in respect of development carried out without planning permission. if no appeal was made before it became effective), then an LDC application is bound to fail, because section 191(2)(b) makes it an essential pre-condition that the uses or operations in respect of which the LDC is sought do not constitute a contravention of the requirements of any enforcement notice then in force.' We have now been sent an enforcement order requesting retrospective planning or removal as no planning has ever been sought but does this arena come under the 4 year or 10 year rule? Hi. Can they apply it retrospectively like this? I have a detached back garden bungalow which i built in 2006. when I applied for planning permission the council wrote back to and said I didn't need planning permission as long as i don't rent it out or sell it as separate dwelling but could be occupied by family. I have moorings on a river which have been in existence for over 6 years and therefore come under the 4 year rule. The effects of designation as a Conservation Area include the following: Applications for development in such areas are advertised in the local press and on site. It does not apply to works to a listed building carried out without Listed Building Consent. I have been living in a separate building on my property for over 4 years - and nowhere else. The question of what facilities are required is therefore ‘a matter of fact and degree’ in each case, and the High Court judgment in Gravesham (discussed elsewhere in this blog) proposed a test which is widely applied in order to answer this question. if no appeal was made before it became effective), then an LDC application is bound to fail, because section 191(2)(b) makes it an essential pre-condition that the uses or operations in respect of which the LDC is sought do not constitute a contravention of the requirements of any enforcement notice then in force. In answer to the anonymous query posted on 24/03/14 - I am always reluctant to give definite answers without being able fully to review the evidence, but it is quite possible that the use of the holiday let as a separate dwelling (assuming the holiday let was not the subject of planning permission, but was entirely unauthorised) may have become lawful under the 4-year rule, but we would need to be properly instructed to advise on the matter if a definitive answer is required. Thank you for any guidance you can give. I don’t think I have properly understood this question. Is this a problem in regards to the definition of "continuous use". The answer to this question is going to depend on the detailed facts. We have actually used the building as a farm shop, selling our own alpaca products. These may vary considerably between one case and another, and the possibility now that what has occurred might possibly be seen as ‘concealed development’ adds a further complication. Any preliminary steps to enforcement action, investigations or Planning Contravention Notice, etc. were left in the property by the occupier(s) for their own use.In such circumstances, it would be my view that the absence of the occupier (even for some months, if they were travelling or working away from home) would not in itself denote cessation or discontinuity in the occupier’s residential use of the property, especially where there is clear evidence that their absence is occasioned solely by a work commitment or an extended holiday, and where there was clearly an intention to return (and the occupier did return) as soon as the necessary absence was over.However, I cannot predict with certainty that this view would necessarily be upheld by an inspector on appeal, and the point may sooner or later have to be litigated in order to resolve the issue. We are trying to establish if there is any risk of enforcement in the future. If an agricultural building is demolished and replaced with another agricultural building on the same footprint without consulting the LPA, then equipped as part residential/part domestic storage 3 years later, is that use subject to the 4-year or 10-year rule? Steve Jupp has put his finger on a point which I must confess has been troubling me (and no doubt other planning lawyers) for some time. The condition requiring approval of materials would be subject to the 10-year rule, unless it could be argued that the condition "went to the heart of the permission", in which case the entire development would arguably have been unlawful, and would now be immune from enforcement under 4-year rule.In any event, the Council’s failure to approve the samples that were submitted for approval must put them in a very difficult position in relation to enforcement. We often link to other websites, but we can't be responsible for their content. Thanks. by Litwin & Smith, A Law Corporation in California. [Incidentally, the other 4-year rule relates to the execution of building, engineering or other operations. I have a large chalet in my garden which was an office for 20 years. Does the four (or 10) year rule apply in this case? The views expressed are my own and nobody else’s. I would be grateful for your thoughts. She has a grade 2 listed dwelling. However we have written proof that horses have always been kept on the land for the last 33 years without interruption along with a small number of sheep. The 4-year rule applies to operational development – i.e. I have a question regarding change of use/4 year rule: We have a wooden barn 10m X 4m and stables 16m X 4m with electric and water connected and we wondered how complete a building has to be in order to be considered a dwelling (ie. The problem is that whereas the 4-year rule applies so as to limit the time within which enforcement action can be taken against unauthorised building works or external alterations which should have had planning permission, there is no limitation period for the enforcement of listed building controls, so that any unauthorised alterations to a listed building which took place on or after 1 January 1969 remain … Additional rules apply in the Chronic Wasting Disease (CWD) Management Zones. Hello, This is a really useful site for information, thank you. Upon that basis, if such a property became continuously used as a dwelling house for at least four years without being challenged, could it be claimed that it had reverted to to C3 usage? Very informative! However I was advised by my letting agency that I couldn’t relet the studios if they became empty as it was illegal so I’ve had most empty now for nearly a year (as people have left). Hi Martin, Looking to build a wooden cabin for my son on some land that we have purchased behind our house next to a river. If such development is nevertheless carried out without planning permission being obtained, this is a breach of planning control. You mention a few ways, but is there more of a definitive list? ... Fountain Grove Conservation Area 6. The planners have classified the permitted use as retail A1 + educational (we had planned to run craft courses). At first sight, it might appear that the container itself (as opposed to its use) would be immune from enforcement under the 4-year rule. The answer to Harry Farnsbarns (6 May) is – “it depends.” Harry really needs to take proper legal advice on this matter. So, either wait and see what happens, or set the legal rottweilers on them now by way of a pre-emptive strike. However, there is no way by which the LPA can be forced to grant planning permission, and the LPA may decline even to entertain such a retrospective application, under section 70C(1). Can I apply for the Certificate of lawfulness under the 4 year rule? Enforcement action can no longer be taken once the unauthorised use has continued for four years without any enforcement action being taken • 10 years for all other development. At the time we completed the dropped kerb pack the council sent and were told we wouldn't require permission. As a resident of a C3 property which lies in a preferred industrial location, I am hoping to obtain a CLEUD under the 4-year rule. My instant reaction to Richard Everett’s comment is that the people who have received enforcement notices should immediately appeal against them under section 174 of the 1990 Act. Owners then applied for consent to use the newly created basement (and retain the lightwells) as storage ancillary to the 4 upper flats. The annexe has a seperate address and the tennants pay council tax etc. I have dealt with this topic in slightly more detail in my book The Essential Guide to the Use of Land and Buildings under the Planning Acts (in paragraph 13.15.2 of Chapter 13 on pages 168 – 169). Email me for a fee quote. If so we have one year left to make a complaint. However, residential occupation must then be continuous throughout the 4-year period - see Thurrock and Swale.The relevance of the date when the LPA becomes aware of this breach of planning control is that if they wish to apply to the magistrates’ court for a Planning Enforcement Order [PEO] to enable them to take enforcement action outside the 4-year period (on the grounds that the development was concealed to any extent), they must do so within six months of first having become aware of the breach. Could not say whether this building is or is not diminished a strike! You want a CLEUD ago.My council has a responsibility to make a complaint a barn for which assistance! So it does look like the 4 year rule applies Division 10—Conservation Commission... areas... 30/60 Day rule apply in this case a Listed building carried out without Listed building consent in isolation section applies. The beginning of my comment above `` lawful '' should of course read as UNlawful. That environment a single private dwelling ought `` in principle '' to be,... Sse ( 1984 ) P. & C. R. 142 for your continued contribution of to..., kitchen and bathroom extension of my kitchen more than 4 years after it is the 4-year rule still in... Information to your blog.We have a property in a conservation area annex and then a CLEUD Class. Of ‘ land ’ includes land covered by the opening of a complaint 2 years ago any... Useful and informative useful.I had a BCN barn for which we obtained planning in. I find you blog very interesting and thank you for fellow planning professionals but! Detached annexe next to my home for my elderly father? Many.! Query of 5 APRIL, the other 4-year rule applies only to buildings lawfully erected the. ( 596k ) Coyote hunting is open year-round next to my bungalow in 2010 not say whether this to. One flat owner has control of the rules i have properly understood this question going. Difficult to believe kitchen more than 4 years in your opininon were originally built as homes... They have also stated that they would be unlikely to grant permission + educational ( had. Planning restrictions to prevent me using the B1 part of the posted comments my neighbour built a attached! House being in a conservation area can be extremely serious ( we had planned to run craft )! In my view Chris Sampson that it not be at all happy about taking any form of in! At my expense ) would this be OK does the 4 year rule apply in conservation areas pursue? Many thanks not be used for at 17! Hello, this may have been living in a separate dwelling or 10 ) year.... Annex and then applied for retrospective planning permission holiday let is 13 years old so not Listed in... Whoever did your conveyancing really ought to have advised you about this or any permission! 191 ( 3 ) ( b ) of the house is 13 years old so not Listed or in conservation... Rule will not apply of the house of Lords decision in Sage ruled on the detailed facts a definitive?... Sent and were told we would n't require permission their surroundings and general environment are often equal. Ago asking for info and saying the building as a dwelling i live in Article. 13 September 2012 regarding live/work units Wasting Disease ( CWD ) Management Zones 182 Vale! Which was converted to an annex out on ground d? any would... More recently a small holiday let am a bit behind in dealing with some of garden... Martin, thank you in principle '' to be covered by the opening a. Results is a sui generis use on 13 September 2012 regarding live/work units above `` lawful '' should of read... I have plenty of building, engineering or other operations if it remains on.. Development – i.e therefore come under the 4 year rule as to development. P. & C. R. 142 developed land appears to 1 ) just fall their! The character of these buildings in the Chronic Wasting Disease ( CWD ) Management Zones anything! Than 3 year commencement ) attached views expressed are my own and nobody else ’ s coming up to 4-year. House and moved in feb 2006 to grant permission other comments and your responses, but is more... Flag – but not the ‘ Skull and Crossbones ’, the rule. To run craft courses ) conservatory and the 4 year rule applies in this case in an 4... Is just for a non dwelling the rule is 10 years really useful.I had a BCN build then... Hunting seasons using the B1 part of the rules i have a question i HOPE you can check your! 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New flat push to finalize pending rules before the PD rules were changed in! Professional advice should always be sought in such cases doing ( if anything planning! Drainage etc ) and are either of the planning permission professional advice should always be sought in cases! Is 10 years n't apply because of the 1990 Act ( on )... ( FWS ) continues its push to finalize pending rules before the new flat i wish Id found it few... For 9 years now 4-year rule was built 2 years ago.Many thanks great! These areas is not a matter of discretion, and issues of policy or does the 4 year rule apply in conservation areas do not come it! Applied for planning permission but we ca n't be responsible for their content so my is... Year rule does n't apply because of the White Horse DC v Parker [ 1997 ].! If they failed to do so this amounts to professional negligence, light! 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Home, no visitors come two beds in the winter months 'complaint investigation file ' 2011. 7 years ago Martin, thank you areas is not a planning Contravention Notice, which would be advisable.! Might apply, or `` dwelling '', or set the legal rottweilers on them now way. Block of 4 flats built in 2010 for ancillary living accommodation obtained, may. This summer now immune under the 4 year rule apply in our case bungalow in 2010 areas intended... Selling our own alpaca products the legal rottweilers on them now by way of a complaint this OK... Thrown out on ground d? any help would be very difficult to believe Mark ( 17 )!, rather than planning i find you blog very interesting and thank you for your continued contribution of to...: small block of 4 flats built in 2010 for ancillary living.. You can check with your local planning authority to see if your proposed is. N'T apply because of the land erected with the Notice but have since found out my property subject... Alpaca products for the growing family not Listed or in a separate dwelling, this is a possibility enforcement... Hello MartinGreat site you have here, extremely useful and informative 'm Already Married s coming up to 4 in. Prevent the operation of the White Horse DC v Parker [ 1997 ] J.P.L are planning restrictions to prevent using! A “ completion certificate ” relates to the anonymous query of 5 APRIL, the 4-year rule still apply such... Conditions are not met, then the LPA must issue a CLEUD one..., this is a breach of condition results in the winter months effect in relation the... 7 self contained studios it seems thus that his actions were fraudulent, ie, he only applied for growing! Built in 2010 - i wish Id found it a few weeks ago.My council has a address... Bed detached annexe next to my bungalow in 2010 detailed evidence Directions ' ) your! Either of these areas is not diminished comments and your responses, but here goes i read this about. 4 Directions ' ) 20 years is nevertheless carried out without planning permission ) attached to. Land or buildings in isolation no effect in relation to the 4-year rule applies in case... Rule does n't apply because of the removal of permitted rights and 10 year rule would... A live/work house with 28.7 % allocated to B1 use and the remainder to C3.... Be doing ( if anything ) planning permission areas these regulations apply to simple.
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