Case study 4. Tennis court and summerhouse built without planning permission
Wharfe Rural Planning were instructed by an existing client part way through an ongoing issue relating to the construction of a summerhouse and tennis court without planning permission.
The site was to the South of Trafford Borough Council area and backed on to the River Bollin which formed the boundary with Cheshire East Council. The area where the structures were constructed was designated as Green Belt in the local plan. The site was also overlooked by a public right of way.
The tennis court and summerhouse had been constructed on land that was believed to within the residential curtilage of the main house and therefore authorised under permitted development. However the Council had contacted the owners and issued a Planning Contravention Notice to ascertain facts about the development. The Council were not of the opinion the land was within residential curtilage and believed the development to be unlawful.
We were instructed to respond to the Planning Contravention Notice and manage the enforcement action on behalf of the landowners. The notice was completed and the opportunity taken to engage positively with the Council. The response informed the Council that on behalf of the landowners we would submit an application that would regularise the planning situation and remove the requirement for enforcement action.
We then prepared and submitted an application for a Certificate of Lawfulness of Existing Use of Development (CLEUD) with appropriate evidence to prove that on the balance of probabilities that the development was now lawful.
The application was approved by Trafford Borough Council which removed the need for any further enforcement action by the Council.