The client wanted to sell his farm which had for many years had two chalets/caravans on site. These were used for holiday letting, family stays and so on, but did not have planning permission. Furthermore bearing in mind the site's location in open countryside such permission would not be forthcoming. Owen Devenport advised that the best way forward would be to secure a Lawful Use Certificate, having regard to the evidence that was available.
Consequently the client was asked to prepare Statutory Declarations and from other third parties who could testify to the existence of the chalets/caravans being on site and in use for more than 10 years. After suggestions from Owen Devenport the final documents were prepared and submitted as part of a formal application for a Lawful Use Certificate. After many months of deliberation the LPA finally agreed that 'on the balance of probability' these units had been on site for more than10 years for the uses described and a Certificate was issued securing their immunity from enforcement action. These units could be replaced with same size units that conform with the definition of a caravan and the facilities can be upgraded, which potentially adds value to the property. Although a long wait, the client was finally very pleased with the outcome.