Rushy
basically a scrotum
I may well be missing something but I'm not sure that this will necessarily be successful based on this particular application. For a certificate of lawful use to be granted the use not only needs to have carried on continuously for 10yrs but that breach needs to be ongoing at the time the application is made. The application appears to gloss over the fact that it is not currently in use and has not been for a couple of years. It's complicated and I'm not a planner so I would be interested to hear what Stephane Sadoux (the academic quoted in the article) thinks.
That said, if they did start up as a club again, assuming that there has been no intervening use, they could then make the application. They would need to show that on a balance of probabilities the two floors had been in use for 10 years with no intervening uses. This might be more difficult if the owners at the time of the use were not prepared to cooperate. This route involves some risk because they would have to start up without a guarantee of success. I am not sure whether it has any bearing that another use was granted whilst it was closed but suspect not if the development did not lawfully commence (which does not require very much to happen).
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