We were instructed when a planning consultant had made a planning application for the prior approval for conversion of offices into 102 residential flats and the Council had advised they would refuse it as they did not consider the building to currently be in lawful B1 use (pre-condition for permitted development rights) as the existing planning permission for the building was for a mixed use.

We made detailed representations and explained why other appeal decisions that had held permitted development were not available in such circumstances were different to this situation. The Council had originally stated that our client could only proceed by withdrawing the prior approval application and then making a formal application for a Certificate of lawfulness for the B1 use.

Following our detailed representations they have agreed this will no longer be necessary and the prior approval application has now been granted.