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Aug, 2014

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  1. #11

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    Thanks Richard
    I agree that if both were let separately, there would be two planning units.
    If an owner occupied one unit, is the case different?

    Would I be able to apply for a CLUED, on the basis of my more than four year occupation, after the LPA issues an enforcement notice, or does it have be made before enforcement? I have found conflicting opinion on this.

  2. #12
    Join Date
    Apr 2006
    Location
    Hampshire
    Posts
    1,047

    Thumbs up

    Thanks Richard
    I agree that if both were let separately, there would be two planning units.
    If an owner occupied one unit, is the case different?

    Would I be able to apply for a CLUED, on the basis of my more than four year occupation, after the LPA issues an enforcement notice, or does it have be made before enforcement? I have found conflicting opinion on this.
    I don't think the fact of owner occupation makes any difference in this case. if you let the barn to someone else the position would be the same.

    Not sure about the precise niceties of when you can apply for a CLUED. My detailed (local govt solicitor) knowledge of Planning Law & Practice predates the 1990 Act! However you can appeal against an enforcement notice on the grounds of 4 years use, so the logic would be that you apply for a CLUED at the same time and any appeal deals with both at the same time.

    Of course you have to be able to show that the barn had been continuously occupied separately from the main house for at least 4 yers
    RICHARD WEBSTER

    As a conveyancing solicitor I believe the information given in the post to be useful (provided it relates to property in England & Wales) but I accept no liability except to fee-paying clients.

  3. #13
    Join Date
    Mar 2010
    Posts
    530

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    The same standard of proof will be needed to secure a COLUOD as will be needed to satisfy the Inspector who deals with an appeal against a Planning Enforcement notice.

    If there is sufficent evidence to show on the balance of probability (The Civil standard to be proven)that more than 4 years use has been made of the barn as a single dwelling, then you can continue to occupy the property during the period of time that an Appeal is being considered.

    If an application were to be made for a Lawful Use certificate which was refused, it would still require an Enforcement Notice to be served, but then you will know what was considered by the LPA to be insufficent evidence of 4 years use as a single dwelling.
    That may give a slight advantage to win an appeal if more evidence can then be gathered.

    You probably realise that a certifiate is issued solely on the point of law regarding time rather than whether the LPA approve of such a change of use.

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