Objecting to Certificate of Lawful Use

Lizzog

This is going to sound like complete nimbyism, but we have found out that a company have applied for a Certificate of Lawful for a house v close to ours to be used as a children's home.  There will be two children with multiple complex needs, so our concerns are not just to do with this, but also the extra traffic from carer's, special school transport etc.,
I realise from a quick google that you can't object as such to this application, but can register concerns - has anyone had similar experiences or advice they can offer?

Tucosalamanca

What would you do if a family moved in with similar needs?

Lizzog

Exactly - I'm not objecting on the grounds of the children.  These kids will have been through a lot of trauma and I understand that completely.  It's more the resulting amount of traffic that will be accessing the drive. I really don't think it's a suitable property for this particular purpose - but then I guess the argument is - where is?

Doozergirl

A certificate of lawful use is a formality. 

People using a driveway to access their home is completely normal. Even when they are disabled.  

You're talking about two children and their carers here, it's not "traffic". By any other name it is a family home with the kids being taken to school and adults coming and going from work.   It won't look or feel any different to that.  

My advice would be to save embarrassing yourself and stay quiet because it looks like discrimination.  

Lizzog

Thanks all.  

ProDave

Certificate of Lawful development is basically admitting they have been doing something that should have had planning permission, but they have been doing it for so long that it too late to take enforcement action.

the time to object would have been as soon as you noticed what they were doing and the council might have been within the time limits to enforce it to stop or at least force them to submit a proper planning application to be considered.

eddddy

As a general comment...

There are 2 types of Certificate of lawful use:

• Section 191: Certificate of lawfulness of existing use or development.

• Section 192: Certificate of lawfulness of proposed use or development

If it's under section 191, typically the applicant is saying "We've been doing something that should have needed planning consent for at least the past 4 years (or 10 years), but we didn't have planning consent. So please confirm that you won't now take enforcement action". 

The applicant would need to provide evidence that they've been doing it for 4 years (or 10 years). So I guess you can tell the planning authority that they're fibbing, and they haven't been doing it for 4 years or (10 years) - if that's the case.



If it's under Section 192, typically the applicant is a saying "We are planning to do something, and we don't think we need planning consent. Please confirm that we don't need planning consent."

The Planning Authority would either reply "You're correct, you don't need planning consent" or "You're incorrect, you must apply for planning consent".

If they are required to apply for planning consent - you can then object in the 'normal' way.

Grumpy_chap

Comments / Objections to a Certificate of Lawfulness can only be considered by the Local Authority if the comments are challenging whether the proposed development / change is outwith Permitted Development.

Section62

eddddy said:

...
If it's under Section 192, typically the applicant is a saying "We are planning to do something, and we don't think we need planning consent. Please confirm that we don't need planning consent."

The Planning Authority would either reply "You're correct, you don't need planning consent" or "You're incorrect, you must apply for planning consent".

If they are required to apply for planning consent - you can then object in the 'normal' way.

I think it is probably that one.

Assuming the property is currently single-family residential (use-class C3(a)) I'd guess they are wanting to know whether the proposed use will come under use-class C3(b) or under C2, and whether the change from one to the other is permitted development in this specific case.

Lizzog

The applicant has said that "The Certificate is sought to confirm the proposed use of the property within Use Class C2, on the basis that there is no material change of use from a dwellinghouse within Use Class C3."
I've just spoken with my neighbour who would more affected by the change in use than us and they are adamant that they are only approaching it from the angle of increased cars and NOT the fact that it will be a children's home, as would we.  The angle and approach of the drive is difficult to explain, but basically the house should never have been extended in the way it was in the first place, the work began without planning permission - so our neighbours have borne the brunt of a number of things over the last few years, so I can completely understand their concerns and want to support that.
Anyway, I can see that the council will probably say that they are permitted and they won't need planning consent, but understand that if they say they do, then we could object in the usual route.  

sheramber

Why would there be extra use from a family with had two or three family cars?