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Thread: Retrospective certificate of lawfullness - can it be overturned?

  1. #1
    Mar 2010

    Retrospective certificate of lawfullness - can it be overturned?

    (This is from a nearby residents perspective, not the owner of the building)

    Someone locally builds some bedsits without permission, then, five years latter applies for a retrospective "certificate of lawfullness" which is granted. The COL is granted and never consulted with local residents.

    The property then becomes a source of crime, antisocial behaviour etc.


    1) Is there any way the certificate of lawfullness can be voided or otherwise 'un-done'

    2) How can it be that a COL can be granted with zero consultation ?!

  2. #2
    Cyburbian UKPlanner's avatar
    Jan 2006
    London, UK
    The council wouldn't have consulted you on a Certificate of Lawfulness as it is simply a legal matter whether the use had indeed ocurred for the prescribed period and therefore immune from planning enforcement action. The certificate would not have been considered on amenity grounds and any objections based on noise, disturbance etc. wouldn't change the outcome as, again, it is a legal matter.

    As for the crime now ocurring, this sounds like a matter for the police and not the Council?

  3. #3
    Cyburbia Administrator Dan's avatar
    Mar 1996
    Upstate New York
    Blog entries
    Moderator note:
    Moved from the former Planning in the UK forum.
    Growth for growth's sake is the ideology of the cancer cell. -- Edward Abbey

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