Retrospective Consent

In some cases, a change of use or other development can become lawful through passage of time even if it does not have formal planning consent.

The Local Planning Authority’s confirmation of the lawfulness of a use or development whether existing or proposed can be obtained via a Lawful Development Certificate. We can provide advice on the requirements for making such a claim and assistance in securing a certificate.

Establishing Existing Use or Development

Where a planning application has not previously been made and a sufficient period of time has elapsed without leading to any enforcement action, a Local Planning Authority can issue a Certificate of Lawfulness to regularise the planning position. The evidence provided by the applicant needs to be precise and continuous and the responsibility is down to landowner to demonstrate the use or development meets the legislative criteria. We therefore strongly recommend liaising with our team if you are considering seeking a Lawful Development Certificate.

Agricultural Occupancy Conditions (AOC)

This condition justifies planning permission that is granted for new houses in the countryside which is, in principle, restricted by planning policies to protect the countryside. As farming has changed and declined over the decades many AOC properties no longer fulfill the original reason for imposing for condition and in some instances can be removed increasing the value of the dwelling by up to 30%

Please contact a member of our excellent planning team today to discuss how we can help you.

Offices in Battle, Haywards Heath, Pulborough and Tunbridge Wells.