Certificate of Lawfulness - Use of property as three dwellings in Hackney
Certificate of Lawfulness for an existing use from the London Borough of Hackney for a lower ground floor flat, overturning a previous refusal with a strengthened evidence package.
COL APPROVALSHACKNEYLONDON
Andrew Ransome
6/16/20262 min read
In 2016, the London Borough of Hackney granted a Certificate of Lawfulness confirming continuous residential use of the existing property as three self-contained residential units flat for over four years.
The case was resolved by assembling a robust evidence base that satisfied the balance of probability test and left the Council with no grounds to refuse.
Certificate of Lawfulness Evidence in Hackney
The property is a two-storey terraced dwelling with a habitable basement located within a residential area of Hackney. Planning permission had previously been granted for the conversion of the property into two flats. However, the property had subsequently been used as three self-contained flats for a number of years.
An earlier Certificate of Lawfulness application seeking confirmation of the three-unit arrangement had been refused by the Council in 2015, primarily due to an alleged gap in evidence relating to the occupation of one of the flats.
To address the Council’s concerns, we prepared and submitted a comprehensive package of additional evidence demonstrating that the property had operated continuously as three self-contained residential units for a period exceeding four years prior to the submission of the application.
Following a detailed assessment, Hackney Council accepted that the evidence provided was sufficiently precise and unambiguous to demonstrate, on the balance of probability, that the property had been occupied continuously as three self-contained residential units for the required period.
The Council subsequently granted a Certificate of Lawfulness confirming the lawful use of the property as three flats.
Planning Application Advice
I regularly assist clients with Certificates of Lawfulness for existing uses and developments. If you require advice on a Certificate of Lawfulness application or planning enforcement matter, please get in touch.
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
Planning Application Information
Get in touch for planning advice: Email: andrew@andrewransome.co.uk
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