It is possible to try to establish an existing unauthorised use or structure by making an application for a Certificate of Lawfulness. All unauthorised structures (and also unauthorised use as a dwelling house or self-contained flat or maisonette) require a four year period of proof, while all remaining unauthorised uses require a ten year period of proof.
The onus is on the applicant to supply significant supporting documentary evidence, together with the application form, plans and fee. The legal test of the evidence is "the balance of probability" rather than the more onerous test of "beyond reasonable doubt".
The decision on such applications (unlike that for planning applications) is taken purely on this factual information, without any regard to 'suitability' considerations or reference to local planning policies.
The vast majority of decisions on these applications are made under powers delegated to the Director of Planning and Transport Services, i.e. they are not usually made by the Planning Board.
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