New owners of Frolic Farm, Lug Fen Droveway at Lode near Cambridge want to secure lawful permission for historic breaches of planning permission. Bidwells has applied on their behalf for a certificate of lawful existing use in respect of land and buildings at the farm.
“The application contains evidence of breaches of planning conditions which exist and have done so continuously for a period in excess of 10 years,” Bidwells have told East Cambridgeshire District Council.
Certificates of Lawful Existing Use or Development are used to establish to establish the lawfulness of an authorised development, under permitted development rights, or by the passage of time.
They are used to regularise planning where a development has existed for more than four years in the case of residential use, the erection of a building, an extension, or other built development.
Or where the use has existed for more than four years in the case of changes of use or breach of condition
Bidwells says the applicant has owned the property since May 2022.
“Since on or before 1st May 2009 to the present day, the buildings (The Lookout and The Stables) that are subject of this application have been occupied as permanent residences,” says Bidwells.
“The dwellings have been occupied as principal primary residences by their occupiers and have been let under Assured Short hold Tenancy Agreements.
“The original planning permission was granted for the demolition of an existing building and for a new building incorporating facilities for equine business, as well as two holiday lets.
“Permission for this development was granted on 9th March 2007. Conditions 4, 5 and 6 state that the residential accommodation is to be used only as holiday lets.”
But Bidwells says that since the homes were completed in April 2009 the conditions to use them for holiday lets “have never been complied with and the accommodation has only ever been used as permanent residential accommodation.”
Bidwells also says condition 7 has also been “breached continuously from on or before 1st May 2009 to present day”. This restricts use of welfare facilities to livery customers only, but Bidwells say these have been used by both livery and polo club members throughout this period.
Proof of who has lived in The Lookout and the Stables has been provided by Bidwells to show tenant names and date of occupation.
“In order to regularize the breaches of condition, the applicant wishes to obtain a Certificate of Lawful Existing Use or Development,” says Bidwells.
They are asking East Cambs planning, when deciding, to consider Government advice which they say states that “this application should be determined on the balance of probability, and in the absence of any evidence to the contrary, that the council should make a positive determination”.
Planners have been invited to undertake a site inspection.
