Question re. unauthorised development

Question re. unauthorised development

Postby BenK » Tue Apr 20, 2010 5:03 pm

Hello all,

I have a question about getting a retention permission/ regularisation certificate for an existing creche ( I'm an architect). The creche occupies a former dwelling but has been operating as a creche since the mid 90's. The clients are only renting the development and if at all possible they don't want to have to pay for a retention application to the Council. As the building has been used as a creche for over 5 years I'm pretty certain that no enforcement action can be taken against them if they don't get retention (I stand to be corrected). I have, however, advised them for the need to get a regularisation certficate and possibly a Disability Access Certificate (depending on any changes advised by the Fire Officer). Essentially I want to know does anyone know if there will be an issue with the regularisation application if there isn't any planning reference number to go with it? Does anyone know of any other issues that may come to the surface if retention is not sought by my client? I have been talking to a planner who is due to meet the Fire Officer in the next few days and he is to get back to me on it but was just interested to hear other people's opinions. Thanks in advance.
BenK
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Re: Question re. unauthorised development

Postby PVC King » Tue Apr 20, 2010 5:27 pm

Whilst the planning situation should be quite straightforward in that the lease if recognising the use should by virtue of the user clause provide proof of the use as being creche since commencement of the term; however there is always a risk that the planners will either (a) dispute the use has occured for the entire period or (b) hit the applicant for levies or specific contributions for anything they can think of. The landlord probably doesn't have an issue on compliance in that if it is a standard lease the tenant will have given an undertaking for indemnification of the landlord in respect of planning breaches; a landlord cannot penalise the tenant unless loss has been actually incurred.

If no local resident has complained personally I would concentrate on lowering the rental value as opposed to acheiving planning compliance as this clearly sounds like a decision based upon a pending or due lease renewal; however if enforcement has commenced your clients are exposed to costs unless they have an alternative location and play the scarce legal resources angle with the council after they have moved i.e. move to a location with the appropriate consents in place and remind the council that budgets are strained and that your client has desisted from any action requiring enforcement unlike he 100's of billboards which despite being visually horrific appear exempt from any enforcement action. An informal chat with a planner would no doubt answer all of the requirements for a valid application.
PVC King
 

Re: Question re. unauthorised development

Postby BenK » Tue Apr 20, 2010 11:21 pm

Thanks for you response PVC King; that has been helpful. The main issue at the moment is with the Fire Officer as he has been the one who has been on their case over the need to obtain a Fire Certificate. As far as I am aware at the moment the lack of planning has not been an issue and no one has been complaining. The clients, in an understandable effort to reduce costs, do not want to seek a retention permission if there is no pressing need to. My real concern is that not having planning permission in place will throw up issues with the Regularisation Certificate Application... I should have a definite answer on it soon anyway!
BenK
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Posts: 45
Joined: Thu Feb 26, 2009 9:59 am


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