Certificates of Lawfulness at Moreton in Marsh

A CLEUD for a rather smashing livestock building which had been erected without troubling the LPA.

Substantially completed in September 2019, S171B(1) of the T&CPA90 states that no enforcement action may be taken for operational development after the end of a period of 4 years from the date of substantial completion and for any other breach, 10 years.

S55(2) of the T&CPA90 helpfully removes agriculture from the definition of development and therefore the 4 year rule applied in this instance.

Despite this conclusion being pretty unequivocal it has been queried in the past and therefore we were able to confirm our position through a previous Appeal decision which had tested this very point (APP/J1535/X/17/3167734) and then threw in a few references to North Wilts DC v SoS 1993 (the importance of consistency in determining applications).

On top of this we submitted satellite imagery, a letter from the builders confirming the date of completion, invoices for the building’s agricultural fixtures and fittings dated greater than 4 years ago, veterinary invoices confirming agricultural use for the required period, statutory declarations from the landowner, and a few pretty pictures of the Applicant’s really rather stunning Lims enjoying the building.