Stables and Ménage Ruled Lawful in Thurrock
Certificate of Lawfulness confirms stable buildings, a ménage and private equestrian use at Stifford Clays, Thurrock, are immune from enforcement.
COL APPROVALSTHURROCKESSEX
Andrew Ransome
9/19/20262 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 a group of stable buildings, a ménage and the associated private equestrian use had become lawful through the passage of time and were therefore immune from enforcement action.
Demonstrating that the use had become lawful
For a Certificate of Lawfulness application, the question is whether the evidence demonstrates, on the balance of probabilities, that the relevant use or development has been lawful for the required period.
It is not a planning merits assessment, and the application does not seek to establish whether the use would be acceptable if it were being proposed for the first time.
In this case, the evidence needed to establish two separate elements.
The stable buildings and ménage had to be shown to have been substantially completed for at least four years, while the private equestrian use needed to have continued for at least ten years.
A detailed evidence base was therefore assembled to establish the chronology of the development and use. This included a statutory declaration, historic aerial photography, installation contracts, completion certificates and supplier quotations.
The combination of documentary evidence, historic aerial photography and clarification of the nature and continuity of the use provided a coherent body of evidence demonstrating the planning history of the site over the relevant periods.
Certificate of Lawfulness applications
A Certificate of Lawfulness can provide a means of formally establishing the lawful status of an existing building or use where the relevant statutory time period has been satisfied.
However, the success of an application depends heavily on the quality and consistency of the evidence. Establishing continuous use over a ten-year period, in particular, often requires evidence from several different sources rather than reliance on a single document or statement.
If you are considering a Certificate of Lawfulness application, I can advise on the relevant planning position, the evidence required and how the evidence can be brought together to demonstrate the history of the use or development. Contact me to discuss whether your existing use or building further.
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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