Stan Brouard’s Certificate of Lawful Use Application

Carey Olsen advised Stan Brouard on the successful application for a Certificate of Lawful Use (CLU) to regularise the use of its Landes du Marche premises for retail, having sold items there for more than 30 years.The granting of the CLU by the States of Guernsey’s Development & Planning Authority (DPA) is arguably the most significant since the Land Planning and Development (Certificates of Lawful Use) Ordinance, 2019 (2019 Law) came into force, as the law’s introduction was largely the result of Stan Brouard having traded for many years as a retail outlet but without the required planning permission for such use.

However, due to the length of time that had passed without enforcement action, the States of Guernsey were unable to do anything to prohibit its use, while at the same time the long-established local business was unable to open a much-wanted ancillary café because its operation as a retail store was ‘unofficial’ and not legally recognised. 

The issue ended up being debated by the States Assembly in October 2016, with deputies agreeing to direct the DPA to find a way to facilitate the opening of the café, the first step of which involved the DPA proposing a new Ordinance to introduce Certificates of Lawful Use – a method of regularising long-standing unlawful use, which has been used in the UK for many years.

Stan Brouard Limited is a garden, furniture and leisure store. 

Carey Olsen senior associate and planning law specialist Rachel Jones (Picture) led  the CLU application for Stan Brouard. 
Involved fees earner: Rachel Jones – Carey Olsen; Law Firms: Carey Olsen; Clients: Stan Brouard;

Author: Giulia Di Palma