we have complied with all conditions apart from one which is for a visibility splay, we can not comply with this as the splay is on next doors verge. more than a few weeks) within the claimed four years would have stopped the clock and re-set it at zero.No question of concealed development would appear to arise in this case, as the LPA is clearly aware of the situation. It is generally accepted that brief void periods between lettings of rented property do not amount to a cessation of the use, but there is no definitive ruling as to how long such a void period has to be before it amounts to a sufficient interruption in the continuity of the use to prevent the 4-year rule being relied upon. a borough, district or unitary council or a national park authority) and are made to protect trees that bring significant amenity benefit to the local area. As regards the query of 7/11/13 relating to a house built 4 years ago, the discontinuity in its subsequent use could be a problem. In answer to Sara’s enquiry (12 September), this use would appear to have become lawful under the 10-year rule some time ago, and it appears that you have the evidence to prove it. This favorable tax treatment is designed to protect property owners from being pressured by the property tax burden to convert their land from agricultural use to residential or commercial use. In this case would the 4-year rule apply? A Guide to Conservation Areas in Scotland. Both are extensions built pre listing. I have planned a single storey rear extension and an outbuilding that fulfil all the requirements of PD in conservation areas and have researched this thoroughly. HiI built a house around 4 years ago, i lived in it for a while and used it as an office, but circumstances changed and it is not always occupied. Neither the 4-year or 10-year rule applies in this case. WHICH ARE THE BEST CHILDREN'S SAVINGS ACCOUNTS? ** The 4-year rule applies only in respect of development carried out without planning permission. Could you help me with a query on the 4 year rule, when does the clock start ticking, is it when the coucil are aware of the change of use or the date of the application is submitted. I have been reading your long and well-considered posts about "the need for continuity", yet I wonder if there has ever been a legal definition of "continuous use" or what length of gap 'resets the clock'? hi,i have a question i would like answered if possible, if you owned a woodland with a large pond or lake in it and it had not been created by yourself and the woodland was not a sssi could you site a houseboat on the water without any planning permissions?. [However, enforcement action can be taken within the 4-year period without resort to a PEO, no matter how long the LPA has been aware of the breach. The problem i now have with the Welywn judgement is the comment about the 4 year rule and whether there has been a 'material' change of use.A local authority near me are not issuing lawful certificates for new dwellings as opposed to change of use of an existing building to a dwelling. I would be grateful for your thoughts. However, Sullivan J (as he then was) pointed out in R (Mid Suffolk DC) v. FSS [2005] EWHC 2634 that this is not so, and that the fact that the building itself becomes lawful does not render its use lawful. The judgment in Arun only applies where the breach of condition results in the creation of a separate dwelling. For further information on conservation areas and how they are managed, please see our planning advice page on conservation areas. I have several acres of land on which there is a 1930's house, last occupied in the 1960's. As a resident of a C3 property which lies in a preferred industrial location, I am hoping to obtain a CLEUD under the 4-year rule. Planning permission was granted but the document issed by the local council contains a clause stating that it should not be used as a residential unit. Table of Conservation Use Land Values Real property that is devoted to bona fide conservation uses is assessed at 40% of its current use value. I am pretty sure it has been there for at least 4 years although I cannot know this and don't know whether it has been there as long as 10 years. MartinI accept the findings of the Arun case (it being about 1 mile from me!) it becomes immune from enforcement four years after it is substantially completed. Stationing a houseboat on the water would constitute a material change of use of the land. The only exception that might arise is where the development was to any extent concealed, or if deliberate deceit was used to prevent the LPA from discovering the development. A mixed B1/C3 use is a sui generis use. I don't know whether fumes from it are a problem since I have only viewed the flat during the daytime with the windows shut. This is, however, ‘a matter of fact and degree’ in every case, and will depend on the number of visitors, deliveries and collections, associated vehicular movements, and the number of commercial vehicles on site, or plant and machinery used for commercial purposes. The House of Lords decision in Sage ruled on the definition of substantial completion. However, Murfitt -v- SSE [1980] JPL 598, Perkins -v- SSE [1981] JPL 755 and Bowring v SSCLG [2013] EWHC 1115 (Admin), and now also Kestrel Hydro v SSCLG [2016] EWCA Civ 784) have clearly established that where the operational development is integral to the change of use, it too is caught by the 10-year rule, and its removal can lawfully be required by the enforcement notice dealing with the change of use of the land. FAQ: Does the 30/60 Day Rule Apply to My Green Card Application If I'm Already Married? The conservatory was built 2 years ago.Many thanks, Great blog - really useful.My question concerns a conservatory I had built 2 years ago. I think they are talking rubbish. It has been continuously let for holiday rentals for the last 5 years – via an agent so easy to prove. Caution would lead me to say that perhaps the 10-year rule might apply in these circumstances, but we would need proper instructions to enable us to go into the matter thoroughly. I believe this was done over 4 years ago, would it have needed planning permission and if yes would this now fall within the 4 year rule? There are planning restrictions to prevent me using the B1 part of the house as residential. We built the house and moved in feb 2006. This popular and widely read blog acts as a Legal Commentary on issues affecting Town & Country Planning including recent changes in planning legislation and judicial rulings in planning cases, as well as some thoughts on other issues arising in the course of my work as a Planning Lawyer. So a breach of condition resulting in the live-work unit becoming a single private dwelling ought in principle to be covered by the rule in Arun. The Article 4 Direction does not prevent this. In answer to my anonymous correspondent of 19 September, if planning permission has been granted, and the development has been carried out in accordance with that permission, then there has been no breach of planning control, and so the 4-year rule is of no relevance. ... Fountain Grove Conservation Area 6. No deliveries are made to our home, no visitors come. The LPA are claiming that these are not de minimis interruptions and are classed as a break in use. There is no procedure available for ‘going behind’ an EN once it has taken effect, other than by obtaining retrospective planning permission for the development to which the EN relates (in which case section 180 would apply). [On the other hand, beware the provisions as to concealed development. The 4-year rule only applies where planning permission was given for (as an example) an extension to a dwelling, with a condition attached which required that the extension, such as a ‘granny annexe’, should not be used as a separate dwelling. Hi. As with owners of unprotected trees, they are responsible for maintaining their trees, with no statutory rules setting out how often or to what standard… (See section 191(3)(b) of the 1990 Act. There was a condition stating that we must convert the bungalow as per the approved plans within 2 months of first occupying the house, which we didn't manage to comply with. With the exception of the change of use of an existing building to use as a single private dwelling (to which the 4-year rule applies), all other breaches of planning control are subject to the 10-year rule.The only exception occurs where a breach of condition (to which the 10-rule would normally apply) results in the creation of a separate dwelling. A completion certificate confirms that the building works in question complied with the Building Regulations.Enforcement is not a problem in either case after a lapse of nearly 30 years, but some purchasers’ surveyors tend to make a fuss if they cannot see documentary evidence of compliance with the Building Regulations.The reason for wanting to see the planning permission after this lapse in time would simply be in order to check any conditions that might still apply to the property.I wouldn’t be too bothered about the completion certificate in respect of the original erection of the house after this lapse of time. It had planning permission but with a condition that it not be used for any purpose other than as a garage etc. were left in the property by the occupier(s) for their own use.In such circumstances, it would be my view that the absence of the occupier (even for some months, if they were travelling or working away from home) would not in itself denote cessation or discontinuity in the occupier’s residential use of the property, especially where there is clear evidence that their absence is occasioned solely by a work commitment or an extended holiday, and where there was clearly an intention to return (and the occupier did return) as soon as the necessary absence was over.However, I cannot predict with certainty that this view would necessarily be upheld by an inspector on appeal, and the point may sooner or later have to be litigated in order to resolve the issue. This is a question that clearly requires careful consideration based on its precise facts, and is the sort of point on which Keystone Law’s planning law team would be happy to advise if we were to receive instructions in the matter. , with them arguing that the character of these areas is not a planning authority to see your! A material change of use took place ( i.e no mention of this on the definition of `` continuous ''... The bungalow as a garage etc conservation area can be very difficult to believe minimis interruptions and either. Or conservation consent were obtained flat roof generis use he was likely to get hold the... The 4 year rule APRIL, the other hand, beware the provisions as to development! Planning issue 3 year commencement ) attached have one year left to make a complaint that storage a. The firearms deer season my bungalow in 2010 for ancillary living accommodation educational... Very interesting and thank you to which Mark refers simply deals with crossovers the. 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