In Welwyn Hatfield Council v Secretary of State for Communities and Local Government and another [2010] EWCA Civ 26, the Court of Appeal allowed a landowner's appeal and held that the landowner was entitled to a certificate of lawfulness of existing use or development (CLEUD).
Having obtained planning permission for a hay barn, a landowner constructed a building that externally looked like a barn but which was internally fitted out as a dwelling house. The landowner and his wife lived in the building for four years before applying for a CLEUD.
The landowner confirmed in his evidence to the planning inspector that he had deliberately deceived the council when applying for planning permission. He had always intended to use the building as a dwelling house.
The development had acquired immunity from planning enforcement action under sections 171B(1) and (2) of the Town and Country Planning Act 1990 (TCPA 1990) as:
- The planning permission was for the erection of a hay barn, but what was actually built was a dwelling house. The construction of the building had not been carried out in accordance with the planning permission, but it was now too late for the council to take enforcement action.
- The permitted use of the building was as a hay barn. Use of the building as a single dwelling house was a change of use in breach of planning permission. Again, it was too late for the council to take enforcement action.
The Court of Appeal stated that the lesson to be learnt by local planning authorities is to look carefully at the inside of buildings, not just at the exterior, when determining whether a building has been constructed and used in accordance with planning permission.
