Certificate of Lawfulness for 6 Flats in the London Borough of Brent
Certificate of Lawfulness for 6 flats in the London Borough of Brent, averting enforcement action and successfully arguing the four-year rule applied.
LONDONBRENTCOL APPROVALS
Andrew Ransome
6/8/20261 min read
In 2013, the London Borough of Brent had threatened enforcement action against a client whose property had been in use as six flats.
Rather than pursue a confrontational enforcement route, the approach taken was to negotiate an alternative path: applying for a Certificate of Lawfulness of Existing Use (CLEUD) as a more efficient and proportionate means of regularising the position.
A Certificate of Lawfulness is a legal document issued by the local planning authority confirming that an existing use or development is lawful. The standard of proof required is 'the balance of probability' — meaning that the evidence presented must make it more likely than not that the use has been established for the required period.
A timetable of events was compiled and supported with a legal commentary, addressing the gaps in the available evidence with well-reasoned argument.
A key aspect of this case involved successfully contending that only four years of evidence was required under the legislation, rather than the ten years initially requested by the Council.
The Certificate was issued, resolving the enforcement threat.
Certificate of Lawfulness Advice
If you are facing enforcement action, or wish to regularise a planning position, contact me to discuss how a Certificate of Lawfulness application might be the right solution.
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.
Planning Successes in London
Permitted Development Information
Get in touch for planning advice: Email: andrew@andrewransome.co.uk
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