Successful Certificate of Lawfulness Application to keep Planning Permission ‘Live’

Our team successfully applied for the demolition of a small dwelling and its replacement with a large bespoke house and associated landscaping in 2019. Our clients approached us more recently upon realising that the 2019 permission was due to lapse in a matter of weeks. They wished to know what their options were in order to keep the application ‘live’.

Thankfully there were no pre-commencement conditions, although there were restrictions on when certain work could take place due to the presence of bats. We were therefore able to suggest commencing the development and applying to the Local Planning Authority for a Certificate of Lawfulness confirming that the application was lawfully commenced within three years of the permission and as such the permission remains extant.

We worked with our clients to determine what form of commencement would be acceptable and achievable within the short timescale and advised on the forms of evidence that would be required to support a robust case. We also provided guidance on the CIL implications of commencing the development.