Lawful Development Certificate issued for Property in Waltham Chase

Lawful Development Certificate issued for Property in Waltham Chase

A Lawful Development Certificate has been granted for a property in Waltham Chase to be used as a dwelling house without an agricultural occupancy restriction. In 1998 the property had been subdivided to form two dwelling units without the benefit of planning permission. The original dwelling had been limited by an agricultural occupancy condition.

The previous owner of the property had appealed unsuccessfully against an Enforcement Notice concerning his non-compliance with the agricultural occupancy condition. The Enforcement Notice’s requirements passed onto the current owners when they purchased the property in 1998.

Normally an LDC cannot be issued where an Enforcement Notice is still in place. However, BJC was able to argue successfully that the original property did not remain as this had been sub-divided into two separate dwellings. These properties had existed in excess of 10 years and therefore the Enforcement Notice was no longer effective.