Project Overview 

Hardy Planners supported a successful application for a Certificate of Lawful Existing Use for the Harte of India Takeaway in Old Costessey, Norwich, confirming its lawful use as an independent hot food takeaway detached from the adjacent Harte of Costessey Public House. 

Background 

The building, located on The Street in Old Costessey, was historically tied to the public house through a 2008 planning permission, which included a condition restricting its use to operate only in conjunction with the pub. However, evidence confirmed the takeaway business has operated independently since at least 2006, with its own separate utilities, postal address, business rates, and operational structure. 

Challenges Identified: 

• Condition 4 of the original planning consent required the takeaway to operate alongside the pub. 

• Inaccurate original plans suggested a ‘dine-in’ restaurant area that was never used for dining. 

• The client required formal recognition of its independent takeaway use under planning law. 

Our Role 

Hardy Planners: 

• Undertook a thorough planning history review. 

• Compiled a clear evidence base, including tenancy agreements, sworn statements, historic marketing materials, rateable value documents, and Google Street View imagery. 

• Collaborated with the client to prepare a precise, robust planning submission under Section 191 of the Town and Country Planning Act 1990. 

Outcome 

The application successfully demonstrated, on the balance of probability, that the building has been used continuously as an independent takeaway for over 10 years, thereby satisfying the legal tests required for a Certificate of Lawful Existing Use. 

The certificate confirms: 

• The lawful, sui generis hot food takeaway use of the building. 

• Full independence from the Harte of Costessey Public House. 

• Protection of the client’s business operations from enforcement action, supporting its continued operation in compliance with planning legislation.