The client sought advice on objecting to a Certificate of Lawfulness (CLEUD) application submitted by a neighbouring property owner. The application claimed that a garage conversion had been substantially completed over four years ago and had been in continuous residential use. The client’s property adjoins the site and they raised concerns about the lawfulness of the development, including the late addition of a balcony that overlooks their swimming pool. The client noted that the property was listed on Airbnb in 2023 and used to house au pairs, suggesting the use was ancillary to the main dwelling until recently. Satellite imagery and guest reviews were cited to challenge the timeline of completion and use.
The CLEUD process excludes planning merits and focuses solely on factual evidence. The client’s objections focused on two points: (1) the building was not substantially completed until 2022 due to the late addition of decking and railings; and (2) the use as a separate dwelling did not begin until 2023. The client argued that the balcony and decking were significant to the building’s completion and that the use remained ancillary until the property was rented out. The burden of proof lies with the applicant, and the client’s strategy was to cast doubt on the timeline and continuity of use.
Advice was given to submit a formal objection letter to the Local Planning Authority challenging both the date of substantial completion and the continuity of use. The client was advised to provide satellite imagery, Airbnb guest reviews, and any statements from former occupants to support their position. It was explained that if enforcement action is initiated, the four-year immunity period would be interrupted. The client was encouraged to act promptly and liaise with clerks to coordinate submission before the deadline. A retrospective planning application for change of use and decking was also discussed as a possible outcome.
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