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Poachers Lane

Certificate of Lawfulness for continued use of flats

Overview

Nuko Planning successfully secured a Certificate of Lawfulness for the continued use of 23 Poachers Lane as four self-contained flats, applying the “four-year rule” under Section 191 of the Town and Country Planning Act 1990 (now replaced by the ten-year rule following legislative changes). The property had a complicated planning history, including consents for a shop-to-flat conversion and later for a small HMO, which had led to uncertainty regarding its lawful use.

Challenges

Concerns were raised by the local authority that the building may have been unlawfully converted, triggering enforcement risks. The planning history was unclear, with overlapping permissions and no definitive evidence of compliance. Our task was to construct a robust, evidence-led case to demonstrate that the property had been used continuously as four self-contained flats for more than four years, without interruption and without concealment.

Outcome

We collated a comprehensive portfolio of evidence, including historic tenancy agreements, utility and council tax records, financial data, and sworn affidavits. This demonstrated, on the balance of probability, that the residential use had occurred lawfully for the required duration. Warrington Borough Council issued the Certificate of Lawfulness, confirming the property’s lawful use and removing any risk of enforcement action.

This case highlights our ability to navigate complex planning histories and deliver certainty for clients through strategic evidence gathering, legal interpretation, and careful negotiation.