South Warwickshire Business Premises Planning Regularisation
Dobson-Grey was instructed to undertake a comprehensive review of the planning history of multiple business premises owned and leased by the client in response to enforcement investigations by the local authority. This confirmed a complex planning position which had incrementally evolved over a number of decades. Dobson-Grey was subsequently appointed to liaise constructively with relevant enforcement officers and to submit S78 planning applications and S191 lawful development certificate applications, as necessary, to fully regularise current business activities and avoid any risk of formal enforcement action.
Four separate S191 lawful development certificate applications were subsequently prepared. These sought to demonstrate that defined parts of a larger site should be lawfully recognised as four separate planning units, each with a specific planning use that was immune from enforcement action.
A merits-based planning application submission was also prepared to authorise the change of use of a further business premises as a separate Class B8 planning unit.
All applications were approved under delegated powers with contact retained with the enforcement officer throughout.
Challenges:
Planning History and on-site changes over time: The site had a lengthy and complex planning history dating back over four decades, with multiple tenant changes and changes to the arrangement of spaces within the site during that time.
Planning law interpretation: A thorough understanding of relevant case law, particularly on the issue of the planning unit and materiality of any change of use, was required.
Collaborative working: the scale and complexity of the development required collaborative engagement with the client and several of the business tenants, in order to evidence the type and length of use of specific business activities within individual buildings.