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Planning CLEUD proving the existing use
Rural_Puppy
Posts: 233 Forumite
Hello all
Wondering if anyone has any experience of applying for a certificate of lawfulness existing use of a dwelling? (Cleud) And can share some wisdom please?
In brief:
Bought 2 semi detached Victorian. cottages.
Both unoccupied since 2000.
Both identical except one has a shower, other does not , only a WC and basin.
The one without the shower has had a closing order on it since 2000. Presumably because it falls below tolerable standard. I get a council tax bill for it with a full exemption as it cannot be occupied by law.
Other cottage (with shower) was taken off the CT register on same date on 2000 so no CT bill for that one
I want to refurbish and extend both.
Planning say that there is only one cottage classified as a dwelling for planning purposes, the other ( the one without a bath or shower) has been "abandoned".
Planning have advised me to gather evidence and apply for a CLEUD. I am trying to hone my arguments!
Questions:
1. Is the fact that there is a closing order going to override my argument that the existing use is a dwelling?
2.I need to prove it has been used as a house for 4 years. Does that have to be the previous 4 years or will the 4 years prior to 2000 be sufficient?
3. Is it relevant that the house which was removed from the council tax register in 2000 is regarded as a dwelling for planning purposes? Even though unoccupied and no CT paid since 2000.
4. Can I argue successfully that as planning define that cottage as a dwelling, then the other one must also be a dwelling as CT stopped being paid on same date for both?
Thank you!
Wondering if anyone has any experience of applying for a certificate of lawfulness existing use of a dwelling? (Cleud) And can share some wisdom please?
In brief:
Bought 2 semi detached Victorian. cottages.
Both unoccupied since 2000.
Both identical except one has a shower, other does not , only a WC and basin.
The one without the shower has had a closing order on it since 2000. Presumably because it falls below tolerable standard. I get a council tax bill for it with a full exemption as it cannot be occupied by law.
Other cottage (with shower) was taken off the CT register on same date on 2000 so no CT bill for that one
I want to refurbish and extend both.
Planning say that there is only one cottage classified as a dwelling for planning purposes, the other ( the one without a bath or shower) has been "abandoned".
Planning have advised me to gather evidence and apply for a CLEUD. I am trying to hone my arguments!
Questions:
1. Is the fact that there is a closing order going to override my argument that the existing use is a dwelling?
2.I need to prove it has been used as a house for 4 years. Does that have to be the previous 4 years or will the 4 years prior to 2000 be sufficient?
3. Is it relevant that the house which was removed from the council tax register in 2000 is regarded as a dwelling for planning purposes? Even though unoccupied and no CT paid since 2000.
4. Can I argue successfully that as planning define that cottage as a dwelling, then the other one must also be a dwelling as CT stopped being paid on same date for both?
Thank you!
0
Comments
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It seems a difficult path to apply for lawful existing use since there is no existing use.
Why do you not apply for full permission based on you extension/refurb plans?2 -
That may be an option. However, the cottages form part of a farm which also requires redevelopment. Applying for separate planning permission for these cottages may have repercussions for the rest of the development. Hence why the planning dept has suggested applying for a CLEUD for one of them I am worrying about what evidence I need to supply. All advice welcome.0
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Given that we're trying to save money on this forum I will apologise, however Certificates of Lawful Use/Lawfulness (depending on where you are) are potentially complex and I always take advice from a planning consultant.
Health Warning: I am happy to occasionally comment on building matters on the forum. However it is simply not possible to give comprehensive professional technical advice on an internet forum. Any comments made are therefore only of a general nature to point you in what is hopefully the right direction.1 -
Thank you. Can you advise me how to go about finding a suitable planning consultant? We are in Scotland.0
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Aha. So am I. Wherebaouts?
Health Warning: I am happy to occasionally comment on building matters on the forum. However it is simply not possible to give comprehensive professional technical advice on an internet forum. Any comments made are therefore only of a general nature to point you in what is hopefully the right direction.1 -
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