Globe were contacted by local estate agents, Belvoir! Lettings, in order to regularise the existing use of their client’s property at 23 Sibthorp Street, Lincoln. Despite being refused planning permission to convert the property from a single dwelling house to two separate flats in 1989 and receiving an enforcement notice having progressed with this unauthorised development, the reality is that the property had been in occupation as two separate flats for some thirty years. The flats are home to two long-term tenants and there was a clear objective to gain approval so that the property could legally be occupied in this manner.
As a Certificate of Lawfulness was not appropriate in this instance because the enforcement notice had been issued previously, Globe advised that the most appropriate way forward was to apply for retrospective planning permission. Given that this ‘development’ had been completed approximately thirty years ago, the pertinent matter needing to be recognised here was that there was clearly no detrimental impact of the development – no ongoing issues were being identified as a problem. Accordingly, given that the proposal accorded with the desire of national planning policy to maximise the efficient use of the property and deliver a mixture of dwelling types to meet the needs of a range of people with different requirements, Globe presented the case that allowing this existing use to continue would be far more beneficial than reverting its use back to that of a single dwelling.
Full planning permission was granted for the change of use.