Two flats recently used as one house

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    #16
    No, no this isn't right.... A Certificate of Lawful development does not PERMIT a lawful use (like a planning permission would) it just CONFIRMS it... It gives comfort to a property owner as enf action cannot then be taken...

    Regards,

    PETER

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      #17
      Originally posted by pdk View Post
      No, no this isn't right.... A Certificate of Lawful development does not PERMIT a lawful use (like a planning permission would) it just CONFIRMS it... It gives comfort to a property owner as enf action cannot then be taken...
      I haven't mentioned anything about 'permit' or 'confirm'.

      The thrust of my observation was *no* Certificate of Lawful development has been 'confirmed'. Therefore the only recorded lawful use the LA planning department have, is as 2 flats (as the OP has said).

      If the LA were to take enforcement action then that could only be against the current unlawful use as a single dwelling (Which would not be a problem as he wants to change back to 2 flats anyway).

      This maybe an oversimplification of the situation and there maybe some nuances of planning I've missed but can you explain ....

      How can the legal status of a lawful use becomes an unlawful use without any formal process and determination?

      Originally posted by noopin View Post
      We would not get consent now for a new conversion, due to official "oversupply" of accommodation in the borough.
      I don't see this as a 'new' conversion and neither should the LA planning dept. Your place with it status as 2 flats should already be factored in decisions that are being made on current applications. As a result others who would like to convert maybe told there is an oversupply.

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        #18
        Thankyou, everyone, for the animated discussion of the issues. I'm content to get a formal answer from Planning re. the official position. It's just that they don't know anything about the last four years of use, and I was tempted to avoid bringing that up with them - and just reinstate the separate units. The Certificate of Lawful Use would be to confirm use as a house, and aids someone wanting to establish an existing change of use of a building and prevent subsequent enforcement action. What I need is on the other side of the coin, so to speak, a confirmation that I want to re-establish the original use. Jeffrey's suggestion to get the Planning dept.'s written advice seems sound. Of course, they'd then look into the recent history of the place....I'd plead innocence and announce that I merely want to put things right, and back as they should be.
        Last edited by noopin; 11-04-2007, 00:05 AM. Reason: should've read Coffecup's helpful link before replying.

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          #19
          Good luck!! PETER

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