Certificate of Lawfulness

Hi, i wondered if anything knows much about this..

Our row of houses have a sideways row behind them. In english, at the end of my next door neighbours garden is the side of the rear neighbour's house, whilst at the end of My garden is the rear neighbour's back garden.

For about three years before i moved here, the rear neighbour had 2 planning applications denied for a rear side extension,a rear 2 storey extension & a raised dormer roof, denied i guess due to various neighbour's complaints about blocking out light, etc

about a month ago, I noticed work going on at the side (obviously a side extension), & so I looked up the plans online.

Suprisingly, all plans including the rear 2 storey extension have a decision of"Certificate of Lawfulness" approved.
No neighbours were consulted, no letters or anything & I'm of the impression as it's been granted, there isn't anything anyone can do about it.

The Dormer raised roof has now been built, which apart from looking like an Alcatraz watchtower, totally blocks out any light from our garden.

More worringly, the rear & upper rear extension is now fully underway. I would say about a third of my garden has now a view of a 20 foot brick wall, blocking out any light whatsover. We also live on a hill, so although I'm sure it's built within the regs on THEIR ground level, we are a lot lower.

My elderly next door neighbour now has a 6ft wooden fence at the end of
his garden, with a view of about another 4 foot of brick above that ( i assume which will be roofed) right across his entire garden.

I suppose my question is how can something be denied twice,& then suddenly granted (without any major changes) without having to inform any neighbours whatsover?

any info on this would be greatly appreciated.

I've had quite a lot of experience with LDC's and I have put up a few threads about them too.

"A lawful development certificate (LDC) is a statutory document confirming that the use, operation or activity named in it a lawful for planning control purposes."

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It appears that the client went down the formal route in submitting a full application for the proposals, which have been refused twice. Usually when you have received a refusal, you are entitled to a "free go" providing the design is similar. As the client had received two refusals, they thought they would look at carrying out the works under PD (Permitted Development). PD exist for the majoroty of properties and providing clients follow the guidelines as stipulated on the PP (Planning Portal) and carry out various checks with the LPA to confirm PD rights do exist, then they can carry out certain works without requiring planning permission. To save any problems in the future, may it be with a neigbour, planning officer or solicitor if/when they come to sell, the LDC proves the works did not require planning approval.

Different LPA's have different procedures but the majority I have dealt with do notify neighbours when an LDC application has been submitted. Like with a formal application, only neighbours within the close vicinity who may be affected would be notified. As it's an LDC application, people can not object on planning grounds (as it's permitted development/lawful). So the granting of the certificate is 99.9% made by the LPA.

To see what you can and cannot do under PD, have a look here...

http://www.planningportal.gov.uk/permission/house

If you have questions justifying the lawful of the proposal, then it may be best to speak to your LPA. You can do this in confidence if you so wish.

If a Certificate of Lawful Development has been granted then there's not much you can do unless you think the development has not been built in accordance with the approved drawings. i recall the subject of whether neighbours need be consulted came up here a while ago, I'll try and find it.

The Council is not obliged to notify neighbours about applications for lawful development certificates. However, when dealing with applications to establish whether existing uses or works are lawful by virtue of the ten and four year rules, it's sometimes useful to ask the neighbours if they have any knowledge worth imparting.

The key thing is that a certificate of lawfulness does what it says on the tin - it confirms that something is lawful. There is no need to ask neighbours what they think because (unfortunately for you) what they think is irrelevant.

Your only hope is that they get carried away and build something that isn't lawful. Which does sometimes happen.