Certificate of Lawfulness Granted by Harrow for 10 Residential Flats
Certificate of Lawfulness from the London Borough of Harrow for the existing use of a building as 10 residential flats, providing evidence of continuous occupation for over four years against the four-year rule.
COL APPROVALSHARROWLONDON
Andrew Ransome
6/14/20262 min read
In 2015, the London Borough of Harrow issued a Certificate of Lawfulness confirming the lawful use of a building as 10 residential flats.
The application was prepared following an unauthorised flat conversion, and was resolved by assembling a comprehensive evidence package demonstrating continuous residential occupation for over four years — satisfying the balance of probability test.
The Planning Issue in Harrow
A building in the London Borough of Harrow had been converted to ten residential flats without planning permission a number of years previously.
The four-year rule under planning law meant that once a material change of use to a single dwelling house — or in cases of flat conversions, each flat — has continued for four years without enforcement action being taken, it becomes immune from enforcement. A Certificate of Lawfulness of Existing Use (CLEUD) was the appropriate mechanism to establish this formally.
The burden of proof rests with the applicant.
A comprehensive evidence base was compiled and submitted to the Council, comprising a sworn statutory declaration, council records, and tenancy agreements covering the relevant period.
Relevant planning case law was cited to reinforce the legal position — specifically, that where an LPA has no evidence to contradict the applicant's account, there is no proper basis on which to refuse the certificate.
The evidence presented went well beyond the minimum required to satisfy the balance of probability standard.
The Council confirmed it could not establish that events had occurred contrary to the account set out in the application, and the Certificate was granted — securing the future of all ten flats.
Planning Application Advice
If a property has been in residential use for a number of years without the benefit of formal permission, a Certificate of Lawfulness may be the right route to regularise the position. 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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