v SSE (1984) P. & C. R. 142. is there a list of ways to prove that I have been living in a cabin in my woodland without planning permission for 4 years? We converted the building over the next 3 years, turning it into a self contained dwelling with separate kitchen & bathroom, and single bedroom, and separate parking area. I am pretty sure it has been there for at least 4 years although I cannot know this and don't know whether it has been there as long as 10 years. However, Sullivan J (as he then was) pointed out in R (Mid Suffolk DC) v. FSS [2005] EWHC 2634 that this is not so, and that the fact that the building itself becomes lawful does not render its use lawful. I have a large chalet in my garden which was an office for 20 years. FAQ: Does the 30/60 Day Rule Apply to My Green Card Application If I'm Already Married? Section 16 of the Act to which Mark refers simply deals with crossovers over the footway. It is a criminal offence that can be punished with a maximum prison sentence of two years under Section 74 of the Planning (Listed Buildings and Conservation Areas) Act 1990. If such development is nevertheless carried out without planning permission being obtained, this is a breach of planning control. These areas often contain listed buildings. Owners of protected trees must not carry out, or cause or permit the carrying out of, any of the prohibited activities without the written consent of the local authority. [On the other hand, beware the provisions as to concealed development. Your house Being in a conservation area might mean that your house is affected by special controls (called 'Article 4 Directions'). However, residential occupation must then be continuous throughout the 4-year period - see Thurrock and Swale.The relevance of the date when the LPA becomes aware of this breach of planning control is that if they wish to apply to the magistrates’ court for a Planning Enforcement Order [PEO] to enable them to take enforcement action outside the 4-year period (on the grounds that the development was concealed to any extent), they must do so within six months of first having become aware of the breach. The House of Lords decision in Sage ruled on the definition of substantial completion. 5 years ago it was converted to a small holiday let - separated completely from the main house by a fence. This is, however, ‘a matter of fact and degree’ in every case, and will depend on the number of visitors, deliveries and collections, associated vehicular movements, and the number of commercial vehicles on site, or plant and machinery used for commercial purposes. I've had stonework around windows and they said they don't like the windows nor the roof tiles and now they are seeking legal advice to change the brickwork, tiles and windows. A timely appeal under section 174 of the 1990 Act is the only way that the matter can be resolved, once an enforcement notice has been issued and served.If the enforcement notice has already taken effect (i.e. ** The 4-year rule applies only in respect of development carried out without planning permission. I disagree, as I cannot realistically turn down work, and it would be the same if I was, say, a merchant seaman or air hostess. It might (perhaps) be argued that storage of a washing machine, fridge freezer etc. I had planning permission but on recent examination the finished works were not precisely the same as the works submitted at planning (there is a difference in the agreed design of the roof, though no difference in total area). In that case, the 10-year rule would apply.The position is unaffected by planting of the hedge and its subsequent lack of maintenance, although that in itself could be the subject of complaint under other legislation. It’s coming up to 4 years since the 7 studios were first let. The 4-year rule applies to operational development – i.e. No deliveries are made to our home, no visitors come. I don’t believe that parliament intended that the 4-year rule should not apply in this situation, but a literal interpretation of the legislation would appear possibly to indicate otherwise. Other Reclaiming: Mortgage Fees, Council Tax etc, Pensions, Annuities & Retirement Planning, Report Holiday Deals, Bargains & Special Offers, Martin's Blogs & Appearances & MoneySavingExpert in the News. I am thinking that as there is no operational development involved and as the use of the garage still remains as part of the overall C3 planning unit, therefore has remained part of the residential use, the 4 year limit would apply, and the Council could not now enforce the breach, provided it can be shown that the 'non-use' for parking vehicles has taken place for at least 4 years. A breach of that condition would be subject to the 4-year rule, as explained by the Court of Appeal in the Arun case.In the cases in question here, they may or may not be immune from enforcement under the 10-year rule, depending on the facts of each case.As in all cases where immunity is claimed following a change of use or breach of a use condition, it is essential to show continuity of that use (throughout the relevant period in the case of a change of use, and also up to the present time in the case of a breach of condition). The 4(d) rule allows the five range states to continue to manage conservation efforts for the species and avoid further regulation of activities such as oil and gas development and utility line maintenance that are covered under the Western Association of Fish and Wildlife Agencies’ range-wide conservation plan for the lesser prairie-chicken. It has been continuously let for holiday rentals for the last 5 years – via an agent so easy to prove. I'm still struggling with separating out operations, which might be lawful under the 4-year rule, and a proposed use, which might not be under the 10-year rule! So in 2009 a new planning enforcement came to my house and said I must cease use of the bungalow but after I showed him the letter from the council he backed off and admitted trying to stop me from from reaching 4 years. In fact, I don't even know if it is used at all- the one running up the side of the building is newer and larger so this may be the one they use.I have searched for historical planning permission applications. They have also stated that they would be unlikely to grant permission. The preclusive provisions of section 285 would seem to prevent any reliance now being claimed in respect of the alleged lawfulness of the previous use or development, following the coming into effect of the enforcement notice [although this assumes that the EN relates to the same development or use]. The answer to Anon’s query depends on what is meant by ‘studios’, and whether they are genuinely self-contained, or whether they rely on shared facilities (which would make these units part of a HiMO within Class C4). by friends and family when staying at the property), and not as an entirely independent dwelling, then no change of use would appear to have taken place, and the annexe remains part of the use of the property as a whole as a single private dwelling.If a planning condition precluded use of the garage to provide additional living accommodation, then its use an an annexe would be subject to the 10-year rule (breach of condition). Thanks. 660. If there is a possibility of enforcement action being taken or threatened, this may be advisable in any event. In conservation areas, outline planning permission will not normally be accepted because without full details we cannot judge the impact of any development proposal. 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