Certificate of Lawfulness Granted by Barking and Dagenham for 4 Flats
Certificate of Lawfulness from the London Borough of Barking and Dagenham for four self-contained flats in Barking, overcoming initial case officer resistance through sustained negotiation and a detailed evidence package.
COL APPROVALSBARKING AND DAGENHAMLONDON
Andrew Ransome
6/16/20262 min read
In 2017, the London Borough of Barking and Dagenham issued a Certificate of Lawfulness confirming the lawful use of a property in Barking as four self-contained flats.
The application required sustained negotiation to overcome initial resistance from the case officer, and was ultimately resolved by demonstrating that the legal threshold for granting the certificate had been met and that there were no valid grounds for refusal.
Certificate of Lawfulness Evidence in Barking and Dagenham
In 2017, a Certificate of Lawfulness of Existing Use was secured from the London Borough of Barking and Dagenham for a property in Barking that had been converted into four self-contained one-bedroom flats without planning permission.
All four units had been continuously let to private tenants for a number of years and the client needed to regularise the position before any enforcement action was initiated.
A comprehensive evidence base was assembled to demonstrate continuous residential occupation of all four flats for over four years, meeting the four-year rule that applies to changes of use to single dwelling houses.
The evidence package included tenancy agreements, electricity bills, rent receipts and council tax bills, organised into a clear timeline for each flat with a supporting legal commentary.
Despite the strength of the evidence, the case officer initially indicated they would not accept it.
Extensive negotiation was required to resolve the impasse. The legal position was pressed clearly: where an applicant provides evidence that meets the balance of probability standard and the local planning authority has no contradicting evidence of its own, there is no proper basis on which to refuse a Certificate of Lawfulness.
This principle is well-established in planning law and case law, and the Council was unable to provide evidence contradicting the account presented.
The London Borough of Barking and Dagenham ultimately accepted the argument and granted the Certificate, securing the future of all four flats.
Planning Application Advice
If you are seeking to regularise a flat conversion or other residential use, I can advise on the evidence required and negotiate with the local planning authority on your behalf. Contact me to discuss your circumstances.
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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Get in touch for planning advice: Email: andrew@andrewransome.co.uk
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