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Consultants Case Review

Our client approached us after they received a visit from the Local Planning Enforcement Officer in connection with the occupation of the annex at their property as an independent dwelling. After reviewing all the available evidence and following a detailed review of relevant case law, we were able to advise that we had sufficient evidence to prove that the use was lawful. We persuaded the Council to delay any further action in order for us to prepare and submit an application for a Lawful Development Certificate to regularise the use. We worked with the client to prepare the case, which was reliant on the production of a number of statutory declarations. On the basis of declarations supported by our legal submissions, the Council granted the Certificate confirming that the use of the building as independent residential accommodation was lawful and therefore immune from enforcement.

Recommendation

“We approached FullerLong initially for help and understanding after a visit by the Local Planning Enforcement Officer regarding the existing annex conversion at my property. As we did not wish to convert the annex back to ‘ancillary use’ to the main property, we requested the help of FullerLong to submit a Certificate of Lawfulness application to the Council. The annex had been in use as an independent residential unit since it’s completion in 2007”.

“FullerLong prepared the application along with the accompanying Statutory Declarations and submitted the documents to the Council. The help and understanding given was invaluable, and the explanations provided relating to the Planning Departments terminology and processes were excellent. All correspondence with the planning department was done in a very professional manner, and alleviated our concerns. The whole process from initial contact to us being granted a Certificate of Lawfulness took seven months. We are sure that without the help, patience and hand-holding of FullerLong, we would not have been successful”.

“We are extremely grateful to FullerLong and would recommend their services to anyone who finds themselves in a situation where Planning & Law expertise are needed to help negotiate the complexities involved in planning applications, appeals and submissions to Councils”.

Mr. Guy Gilbert, 6 September 2012