Certificate of Lawfulness Application - DIY?
In a word - no.
A Certificate of Lawfulness for existing use (COL) is a document, issued by your Planning Authority or on appeal by the DPEA, that confirms that your Short Term Let (STL) does not need planning permission to operate when there has been no material change of use.
Attaining a COL for your property has two key benefits:
- you can continue trading after October 1st 2023 during the appeal process, likely for at least 8 months.
- in the event that you receive a complaint from, say, a neighbour, you can avoid being issued an enforcement notice and forced by the Local Authority to obtain Planning Permission - that they would subsequently refuse to grant.
In some ways, it's like a vaccine that boosts your property's immunity to attack from hostile neighbours and Local Authorites’ interpretations of STL Regulation.
Obtaining a COL is - in theory - straightforward. You fill in a form describing your property, its surroundings, the type of use you make of it, and the measures you take to minimise disturbance to neighbours. You argue that your business creates no material change to the property's previous use. If the Local Council’s Planning Department agrees, then they issue you with a COL.
In this current environment Edinburgh, Glasgow and East Lothian Councils will reject your application but you can then move to the DPEA for the Appeal process.
Sounds simple, right? So why not just do it yourself?
Here's why.
Planning experts - such as STL Solutions - understand the Planning system in regard to STLs inside out. STL Solutions is involved in the current JR 2 which is challenging planning issues whilst specifically against CEC, the result will have ramifications throughout Scotland.
When we process a Certificate of Lawfulness application, we have an intimate understanding of what the Planning Authority is looking for when deciding if a material change of use has occurred. We understand the techniques that they can use if they want to deny awarding it to you. And we have a whole palette of techniques to ensure that your application provides the information that they are looking for when granting a successful COL, and avoids any weaknesses they may exploit when seeking to refuse it.
But you can appeal rejection for free - why not simply revise your application when appealing to answer any objections they give for refusing your application?
In short - you can't. In the Appeal process, you are allowed to make minor changes to your application to, say, clarify some evidence. But you are not allowed to introduce materially significant new evidence. Your application is like striking a match to see if it works. It either lights or it doesn't. You don't get another match.
As Eddie Harper from Harpers Concierge said in a recent post:
"it's like defending yourself in Court without a lawyer - not the wisest thing to do"
Your STL operation is a valuable business. It may be your livelihood. You want to do everything possible to ensure that your application has the highest probability of success.
Our goal at STL Solutions, with our Certificate of Lawfulness Service is to help you ensure that it has.
But please act now. The deadline for applications is 1st October, but we will be closing our books soon to ensure all current applicants are fulfilled.
Note: An over 10 year COL is a different matter. There are no expert knowledge required, and this can be done by yourself. There is a lot of information gathering involved but you will not potentially shoot yourself in the foot due to lack of expert knowledge.