Lawful Development

CaseyCasey

I run an agricultural business from my premises.
I have also lived at the same premises for many years. I built a dwelling on the premises in 2014 and still reside there. Planning enforcement threatened to serve me with an enforcement notice so I applied for a Lawful Development Certificate. I based all of the application on the 4 year rule.
The title of the Planning application was for a certificate of lawful development for the erection of a dwelling house. They have turned it down saying that it is not lawful and constitutes a change of use from commercial to residential. Nothing has changed whatsoever with the business or the dwelling since 2014. The business still runs exactly the same as commercial. I can now appeal but it has cost me many thousands with a planning consultant already. So I'm hoping to appeal this on my own. Does anyone have any advise of how I go about this with the change of use part etc?

Section62

CaseyCasey said:

I run an agricultural business from my premises.
I have also lived at the same premises for many years. I built a dwelling on the premises in 2014 and still reside there. Planning enforcement threatened to serve me with an enforcement notice so I applied for a Lawful Development Certificate. I based all of the application on the 4 year rule.
The title of the Planning application was for a certificate of lawful development for the erection of a dwelling house. They have turned it down saying that it is not lawful and constitutes a change of use from commercial to residential. Nothing has changed whatsoever with the business or the dwelling since 2014. The business still runs exactly the same as commercial. I can now appeal but it has cost me many thousands with a planning consultant already. So I'm hoping to appeal this on my own. Does anyone have any advise of how I go about this with the change of use part etc?

These cases are often complicated and involve arguments about the detail of how the dwelling came into being.  There's probably more information that you'd need to share to get good advice here than it would be wise to share on a public forum, but it would help if you could answer these questions -

Was this entirely new-build, or was it a conversion of an existing building?
Did you know you needed planning consent, and did you do anything to 'hide' from the planners?

Has the address been added to the Royal Mail list of addresses? (and/or in jargon have a "UPRN")
Have you been paying Council Tax on the dwelling since it was ready for first occupation?
Are you on the Electoral Roll at that address? If so, from when?

Cash-Cows

I think trying to appeal this yourself would be a mistake. Appreciate there's a cost to employing professionals but that will be small versus you losing the appeal. As mentioned this is complicated legal and planning work and you don't sound as if you have the qualifications or experience to take this on and you will probably lose. You might not lose if you get a professional in.

TELLIT01

There are regular news stories about similar developments where councils have ordered them to be demolished, even several years after construction.  Get professional advice.