This case related to an application for a Certificate of Lawfulness for the use of part of a residential property in the London Borough of Brent as two self-contained flats.
The property had been subdivided into multiple units without planning permission. The application relied on evidence that the use of the ground floor and top floor flats had subsisted for the required period and was therefore lawful.
An important feature of this case was that we did not seek to establish the lawfulness of the entire building at once. Although there was also a flat at first-floor level, the evidence for that unit was not considered sufficiently robust at the time. The application was therefore deliberately limited to the parts of the building where our position was strongest.
The council accepted that it is permissible to apply for Certificates of Lawfulness for different parts of a building at different times, provided that each use is supported by adequate evidence. On that basis, the application was granted and the use of the ground floor and top floor flats was confirmed as lawful.
This case demonstrates the importance of a careful, evidence-led approach to lawful development applications, particularly where buildings have been subdivided incrementally over time.
It also illustrates that, notwithstanding recent changes to planning legislation, transitional arrangements continue to apply in certain circumstances. Where an unauthorised change of use to a dwelling occurred before April 2024, the former four-year rule may still be relied upon, subject to the specific facts of the case.
