If you are making an application in relation to an existing use or development, it is likely you will need to prove one or more of the following in order for your application to be successful:

• The use began more than ten years ago and has continued ever since or;
• If the use is a house or flat, it began over four years ago and has continued ever since;
• In the case of a breach of a condition attached to a planning permission, it began more than ten years ago and has continued ever since;
• The building works were completed more than four years ago;
• The building works were not development as defined in the Planning Act and therefore did not need planning permission when they took place;
• The building works were permitted development when they took place and therefore did not require planning permission.
• There are other grounds, which you think are valid in planning law.

For changes of use, you will need to submit evidence to show clearly what the existing use is, that it started on a certain date and has continued ever since. The best type of evidence is statutory declarations by one or more independent persons. This should also be accompanied by other information to support your arguments such as rent books, company accounts, rate returns, vehicle registration documents, gas, electricity bills and so on. The evidence will only be of use if it identifies clearly the separate use or uses in question.

Application forms