Thinking outside the box for a moment (would you expect anything less from me?)
The Certificate of Lawfulness they have applied for is to confirm (or not) whether they need planning permission for their proposals.
If the CoL is denied/rejected then they will need to apply for full planning permission.
If granted/accepted then they will not.
After reading the application, planning proposal and boat spec I get the impression they feel the CoL could be denied on the grounds of Grasmere (the body of water) requiring a “change of use” (under Town and Country Planning legislation) and that is why they’ve concentrated so heavily on providing evidence as to why what they’re proposing is no different to the current useage/activities of the mere.
So….
Grasmere (body of water) is most likely a category use class “D2 Assembly and leisure - Cinemas, music and concert halls, bingo and dance halls (but not night clubs), swimming baths, skating rinks, gymnasiums or area for indoor or outdoor sports and recreations (except for motor sports, or where firearms are used).”
(quoted bit taken from the
Planning Portal)
Category D2 doesn’t generally include/allow overnight/sleeping activities unless there are “sui generis” exemptions (basically bespoke/unique exemptions) and, as far as I can tell Grasmere (the body of water) isn’t CURRENTLY used for any kind of overnight activities or motorised craft which makes me think there are no exemptions at present.
They are getting round the motorised sports/craft issue by using “5 horse power electric motor” (think car –v- mobility scooter).
Anything which involves a sleeping risk falls within use class “C” under T&CP legislation (of which there are many, many sub and sub-sub categories!) – think hotels, guesthouses, rented accommodation, private dwellings, care homes, hospitals to name but a few.
A floating unit (whatever you choose to call it) which provides self-sufficiency and sleeping accommodation for paying guests for up to a week would constitute the need for a change of use for Grasmere (the body of water) in order for their proposals to be implemented legally.
To change from a “D” use class to a “C” use class (or even incorporate one into the other “sui generis”), I think, would require a full planning application to be submitted so the Certificate of Lawfulness could well be rejected on those grounds.
… in any event, the CoL is rejected, all that means is they would then have to apply for full planning permission if they still wanted to go ahead with their proposals. And oh what red tape covered hoops they would have to jump through then … might turn out not to be financially viable after all…