Scholars Way, Romford

This project involved securing a Certificate of Lawful Existing Use for a residential property operating as C3(b) supported accommodation for up to three residents receiving care.

B.E.L Group worked closely with the client from the outset, carrying out a measured survey of the property while it was already occupied by residents receiving care. The survey was undertaken sensitively and with consideration for the residents, allowing us to accurately document the existing layout and use of the property.

A key part of the project was establishing a robust evidential case. We advised the client on the historic evidence required and reviewed the information available to demonstrate the continuous use of the property. Although the client's records were not complete in every respect, we carefully organised the available evidence into a clear and structured submission that could be easily reviewed by the Planning Officer.

We prepared a detailed Statement of Lawfulness, setting out the planning and legal basis of the application and presenting the evidence on the balance of probability.

An important part of our strategy involved the changes to planning enforcement time limits. While the relevant enforcement period had changed from four years to ten years, we demonstrated that the historic four-year immunity period had already accrued before the legislative changes came into effect. This provided a strong basis for the application despite the client previously being advised that ten years of evidence would be required.

By combining the available historic evidence with a carefully prepared planning and legal case, we were able to demonstrate that the existing use was lawful on the balance of probability. The Council subsequently granted the Certificate of Lawful Existing Use, confirming the property's lawful use as C3(b) supported accommodation for up to three residents.