Smallholders Insurance from Greenlands

Author Topic: 4yr lawful development  (Read 1816 times)

SallyintNorth

  • Joined Feb 2011
  • Cornwall
  • Rarely short of an opinion but I mean well
Re: 4yr lawful development
« Reply #15 on: January 05, 2020, 10:24:13 am »
Wow, that one was new to me, @mart6 - thanks for the link!

Ignore everything I’ve said, then, @Orinlooper, and read that link mart6 posted
« Last Edit: January 05, 2020, 10:27:21 am by SallyintNorth »
Don't listen to the money men - they know the price of everything and the value of nothing

Live in a cohousing community with small farm for our own use.  Dairy cow, beef cattle, pigs, sheep for meat and fleece, ducks and hens for eggs, veg and fruit growing

SallyintNorth

  • Joined Feb 2011
  • Cornwall
  • Rarely short of an opinion but I mean well
Re: 4yr lawful development
« Reply #16 on: January 05, 2020, 10:25:14 am »
Quote
So if you wanted to get a Certificate of Lawful Use to live in what was originally an agricultural building, first you have to live in it for ten years, and make sure you collect evidence to be able to prove that you have done so.  Then, once the 10 years are up, you can apply for the CDU.  But there are nuances, so you’d be well advised to get a planning consultant with track record in this sort of case to help you.

If you live in agricutral building for 4 years undetected  and it has household facilities and you can prove occupation you can get a lawful development certificate


That’s not my reading of the legislation I’ve read, but you seem to have more up to date info than mine!
Don't listen to the money men - they know the price of everything and the value of nothing

Live in a cohousing community with small farm for our own use.  Dairy cow, beef cattle, pigs, sheep for meat and fleece, ducks and hens for eggs, veg and fruit growing

doganjo

  • Joined Aug 2012
  • Clackmannanshire
  • Qui? Moi?
    • ABERDON GUNDOGS for work and show
    • Facebook
Re: 4yr lawful development
« Reply #17 on: January 05, 2020, 12:18:47 pm »
I rather think the planners would try to refute that.  What are 'household facilities'?  You could have an agri building with a kitchenette, toilet, cupboards, table, chairs, a heater of some ort, and even a bed in it.  Could you then claim it's a home?
Always have been, always will be, a WYSIWYG - black is black, white is white - no grey in my life! But I'm mellowing in my old age

mart6

  • Joined Sep 2014
  • Notts / Yorkshire border
Re: 4yr lawful development
« Reply #18 on: January 05, 2020, 12:24:02 pm »
I rather think the planners would try to refute that.  What are 'household facilities'?  You could have an agri building with a kitchenette, toilet, cupboards, table, chairs, a heater of some ort, and even a bed in it.  Could you then claim it's a home?
Yes if it had toilet bath/shower installed if they did not the gov  planning inspector would

@SallyintNorth my reading is correct if criteria is met

I had a enforcement notice served council wanted facilities removing gov planning inspector commented on what would constitute  C3 residential use

"18. It is unclear whether the Council consider that the term ‘residential use’ amounts to ‘dwelling house’ as defined by Class C3 of the Town and Country Planning (Use Classes) Order 1987. The bay at the northern end of the building contains a sofa which can also be utilised as a bed, kitchen units, a wardrobe, a cooker, a microwave, a kettle, a fridge freezer and a sink with running water. Heating is provided throughout the building through radiators linked to a wood-burning boiler which is situated in a lean-to at the rear. There are no toilet, shower or bathing facilities at the site.

19. Thus, the facilities available are sufficient to provide heated shelter, cooking facilities and a place to sleep on the sofa. It is clear that the appellant has, on occasion, stayed overnight at the site but, to my mind, toilet and bathing/ showering facilities are essential for day to day existence. The lack of those basic facilities would be likely to discourage prolonged stays at the site and their absence indicates that the building is not equipped with a full range of essential services to enable it to function as a dwelling house."
« Last Edit: January 05, 2020, 01:17:35 pm by mart6 »

Orinlooper

  • Joined Aug 2015
Re: 4yr lawful development
« Reply #19 on: May 24, 2020, 09:42:18 am »
Has there been any changes since covid19?

I suspect the old rules won’t apply anymore

I mean no inspector will come out anymore

doganjo

  • Joined Aug 2012
  • Clackmannanshire
  • Qui? Moi?
    • ABERDON GUNDOGS for work and show
    • Facebook
Re: 4yr lawful development
« Reply #20 on: May 24, 2020, 01:12:18 pm »
Has there been any changes since covid19?

I suspect the old rules won’t apply anymore

I mean no inspector will come out anymore
Don't bank on it - who knows what will happen
Always have been, always will be, a WYSIWYG - black is black, white is white - no grey in my life! But I'm mellowing in my old age

harmony

  • Joined Feb 2012
Re: 4yr lawful development
« Reply #21 on: May 24, 2020, 04:20:35 pm »
Has there been any changes since covid19?

I suspect the old rules won’t apply anymore

I mean no inspector will come out anymore
Don't bank on it - who knows what will happen



Covid doesn't change legislation (rules) but might affect how a department works.

 

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