Pegasus Group were appointed to provide planning services relating to the submission of a Lawful Development Certificate at Chester Lodge in Winkfield, a site within the Metropolitan Green Belt. The client has been contacted by Enforcement Officers at the Local Planning Authority who issued a Planning Contravention Notice in relation to a large area of land to the rear of the dwelling, which is was alleged was being used as part of their residential curtilage through an unauthorised change of use from agricultural land.
Pegasus Group assisted with the reply to the PCN and then submitted an application for a Certificate of Lawful Development for an existing use, making the case that the land had been used as part of the client’s residential curtilage for a period in excess of ten years and as such had acquired lawfulness. The application was accompanied by supporting Statutory Declarations and photographic evidence.
Council Officers were initially resistant to the application as they argued that the land was not maintained in the same way as the previously defined residential curtilage and was not integrated with the rest of the site. However, Pegasus Group successfully argued that the activities undertaken by the client on the land, as set out within the statutory declarations and supported by photographic evidence, integrated the land with the rest of the site amounted to their use of the land as residential curtilage.
Following these negotiations, the Council issued a Certificate of Lawful Development. Given the size of the land, this was an extremely positive outcome for the client who can now use this previous agricultural land as part of their residential curtilage.