Certificate of Lawfulness for Vehicle Storage in Thurrock
Certificate of Lawfulness confirms a Sui Generis vehicle storage and export use in a container building at Stifford Clays, Thurrock, is immune from enforcement.
COL APPROVALSTHURROCKESSEX
Andrew Ransome
9/20/20263 min read
In 2026, I successfully supported an application for a Certificate of Lawfulness of Existing Use or Development under Section 191 of the Town and Country Planning Act 1990 at Stifford Clays, Thurrock.
The application sought confirmation that the use of land and a single storage building for the storage and export of vehicles had become lawful through the passage of time. The application therefore concerned the existing planning status of the use rather than a proposal for a new commercial operation.
Establishing the nature of the use
An important part of the application was establishing the correct planning character of the commercial use.
The vehicles were being stored in connection with their export for sale. The particular nature and circumstances of the activity therefore meant that the established use was appropriately treated as Sui Generis.
Was the storage container a building?
A further issue concerned the status of the storage structure itself.
The application sought to certify the use of a specific building, but the structure was a container-type building rather than a conventional permanent building.
In considering whether the structure could be treated as a building for planning purposes, the application addressed the established three-fold approach arising from Skerritts of Nottingham Ltd v Secretary of State for the Environment, Transport and the Regions (No.2) [2000]. This considers the structure's size, permanence and degree of physical attachment to the ground.
Evidence demonstrated that the structure had remained fixed in position and had not been moved since before 2010.
Its characteristics and the evidence relating to its permanence were therefore considered in determining whether it could properly be treated as a building for the purposes of the certificate application.
Building the ten-year evidence trail
As with any Section 191 application relying on the passage of time, establishing the history of the use was central to the application.
A substantial body of documentary evidence was assembled, including HMRC correspondence, VAT records, export documentation, auction invoices and accountancy letters covering the period from 2006 to 2025.
Using different sources of evidence was particularly important because it allowed the history of the use to be considered from several perspectives.
Business and financial records provided evidence of the commercial activity, while historic aerial imagery helped establish the physical use of the site over time.
Evidencing an established commercial use
Where a business has operated from a site for many years, its planning history can become more complicated as buildings, structures and activities change or expand over time.
A Certificate of Lawfulness application needs to be carefully scoped around what can actually be demonstrated through the evidence.
It is not simply a matter of showing that a business has operated from a site for ten years; the evidence needs to establish the precise use, the relevant buildings or land and the continuity of that use over the statutory period.
If you are considering a Certificate of Lawfulness application for an established commercial use, I can advise on the planning position, the scope of the application and the evidence needed to demonstrate the history of the use. Contact me to discuss your existing use or development.
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.
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