Breach of Condition in Canterbury Resolved Through 10 Year Rule
Certificate of Lawfulness from Canterbury City Council confirming that a planning condition prohibiting ground floor living accommodation in a Flood Zone 3 property had been continuously breached for over ten years, removing the restriction.
COL APPROVALSKENTCANTERBURY
Andrew Ransome
7/26/20262 min read
In 2025, Canterbury City Council issued a Certificate of Lawfulness confirming that a restrictive planning condition — attached to a property in Flood Zone 3 had been continuously breached for over ten years, making the breach immune from enforcement.
The condition had prohibited any ground floor sleeping or living accommodation. I demonstrated using the ten-year rule that it could no longer be enforced.
10 Year Rule Used in Breach of Condition Matter in Canterbury
I secured a Certificate of Lawfulness from Canterbury City Council for a client whose property was subject to a restrictive planning condition — prohibiting any sleeping or living accommodation at ground floor level.
The condition had been imposed because the property is located in Flood Zone 3a, and was intended to ensure all habitable rooms were situated at a minimum height of 4.5 metres above Ordnance Datum Newlyn.
Whilst flood safety is clearly important, the condition had created a practical problem.
The client had been using the ground floor as living accommodation for many years without any enforcement action being taken.
Under Section 171B(3) of the Town and Country Planning Act 1990, a breach of a planning condition becomes immune from enforcement after ten years of continuous breach.
I identified that the ten-year period had been significantly exceeded and that a Certificate of Lawfulness was the appropriate route to formally confirm that the condition could no longer be enforced.
A breach of condition requires ten years before immunity arises. The evidence needed to span that full decade.
I assembled a comprehensive evidence package demonstrating that the ground floor had been in continuous use as living accommodation for well over ten years.
Canterbury City Council was satisfied and issued the Certificate, releasing the property from a condition that had been constraining its use for years.
Planning Application Advice
If your property is subject to a planning condition that has been continuously breached for ten or more years, a Certificate of Lawfulness may be the route to removing it. Contact me to discuss your situation.
Andrew Ransome MRTPI - Email: andrew@andrewransome.co.uk
About me
Andrew Ransome is a Planning Director and a Chartered Member of the Royal Town Planning Institute (RTPI), with more than two decades of experience in town planning.
He specialises in delivering strategic planning solutions for complex developments across both rural and urban environments, helping clients navigate planning challenges and unlock development opportunities. Connect with Andrew on Linkedin.
Certificate of Lawfulness Successes
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Get in touch for planning advice: Email: andrew@andrewransome.co.uk
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