Certificate of Lawfulness Granted by Sandwell Metropolitan Borough Council for a Ten-Year Industrial Use in West Bromwich
Certificate of Lawfulness from Sandwell Metropolitan Borough Council for the retention of a Class B2 manufacturing use at a commercial unit in West Bromwich, using the ten-year rule to demonstrate the unauthorised use was immune from enforcement.
COL APPROVALSSANDWELLWEST MIDLANDS
Andrew Ransome
7/19/20262 min read
In 2024, Sandwell Metropolitan Borough Council approved a Certificate of Lawfulness for the retention of a Class B2 general industrial use at a commercial unit in West Bromwich.
The unit had been approved only for Class B8 warehouse and B1 office use, but had been operated by a nationwide interior fit-out company as specialist manufacturing premises for over ten years. I applied the ten-year rule, assembled the evidence of continuous use, and presented a robust case drawing on planning case law.
Certificate of Lawfulness for 10 Years Commercial Use in west Bromwich
I secured a Certificate of Lawfulness of Existing Use from Sandwell Metropolitan Borough Council for a commercial unit in West Bromwich.
The unit held planning permission for Class B8 warehouse use and Class B1 office use, but had for many years been operated as specialist manufacturing premises — a Class B2 general industrial use — by a nationwide interior fit-out company.
The use was technically unauthorised.
No planning permission had been granted for the manufacturing activity.
However, under the Town and Country Planning Act 1990, where a breach of planning control has continued for ten years without enforcement action being taken, the use becomes immune from enforcement. This is often referred to as the ten-year rule.
Working with the business, I compiled and organised an evidence package demonstrating that the manufacturing use had been carried out continuously at the site for more than ten years.
This included correspondence, business records, invoices and other documentation spanning the relevant period. The evidence was supported by a robust legal commentary drawing on planning case law to set out why the application met the required standard.
Sandwell Metropolitan Borough Council accepted the evidence and approved the Certificate of Lawfulness.
Planning Application Advice
If your business has been operating from a site without the correct planning permission for a number of years, the ten-year rule may provide a route to regularise the position. 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
Planning Application Information
Get in touch for planning advice: Email: andrew@andrewransome.co.uk
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