DPP is pleased to have secured approval of a Certificate of Lawful Existing Use or Development confirming the lawful commencement of planning permission originally granted in 1945 for a detached house on land off Hunsworth Lane, East Bierley.
The original 1945 planning permission was implemented in June 1946, when foundations were laid and concrete poured. However, the Council later refused the development, citing that the foundations were approximately 5m east of the approved plans.
DPP subsequently appealed this decision. The Planning Inspector requested detailed evidence on the historical planning context, which DPP provided, referencing relevant appeal cases to demonstrate that the foundations had been laid correctly. The Inspector concluded that any minor difference from the approved plans was not material, and the reason for refusal was unfounded.
Following the appeal, DPP engaged with the Council to confirm that continuing construction would be lawful. When the Council requested the submission of a Certificate of Lawful Proposed Use or Development, DPP prepared a comprehensive application demonstrating that the development could proceed in line with the historical evidence. The Council ultimately approved the application, providing the clients with certainty to continue building the house.
Speaking about the decision, Mark Lane, Director at DPP, said:
We are very pleased to have secured this positive outcome on behalf of our clients following what was a challenging and very interesting case. The application required careful consideration of historical planning policy and detailed evidence to demonstrate that the permission granted in 1945 had, in fact, been lawfully implemented. By coordinating a successful appeal and challenging the Council, particularly when they unreasonably required the submission of a Certificate of Lawful Proposed Use or Development, we have been able to provide our clients with the long-awaited certainty that they can continue to build the house
Image: Carlton and Judith Ives
