One of the statutory defences for a planning enforcement case is if the development complained of – whether it is building or change of use – took place more than 10 years ago. This rule has recently changed – see our blog post here.
Essentially, if you’ve openly used land or a building for a particular purpose for 10 or more years, you can claim that the development has become lawful, as no enforcement action can be taken against it. In some circumstances, you don’t need to show 10 years, because of there are interim arrangements following a recent change in the law. It’s always worth asking a planning consultant if you think you may be at risk of enforcement action.
The use or development must not be hidden in any way, and it is for the landowner or applicant to demonstrate that the use or building has been consistent for 10 years, on the balance of the evidence provided.
If you think the 10 year rule might apply to you, contact us today! We can help you get a Certificate of Lawfulness for Existing Use or Development (a CLEUD).