Town and Country Planning Act 1990: Section 191 as amended by section 10 of the Planning and Compensation Act 1991. Town and Country Planning (General Development Procedure) Order 1995
An application for a Lawful Development Certificate form should be used to establish whether:
The Planning and Compensation Act 1991 introduced rolling time limits within which local planning authorities can take planning enforcement action against breaches of planning control.
The time limits are:
Applications for Lawful Development Certificates should include the following information:
• whether the application relates to:
* a use
* a building operation
* a condition not complied with
the date that the use (or breach of condition) started, or the date on which the building was substantially complete
any use class the applicant considers to be applicable
in the case of a breach of condition, details of the relevant application
the reasons the applicant thinks he is entitled to a Lawful Development Certificate
any other relevant information
a plan identifying the land
a certificate as to the applicant's interest (ownership, tenancy etc) in the land and any interest of any other person.
For flats that have been in use for over 4 years:
* Please note - a statutory declaration is not usually sufficient on its own and the Council are likely to expect other evidence as well, so that the balance of probability is in favour of the established use.
For commercial properties that have been in use over 10 years:
The above list is only a summary of the most common evidence materials that may be accepted by the council, and is not exhaustive. For specific advice regarding your established use application, please contact a planning consultants at 4D Planning.
What the applicant needs to prove:
It is up to the person applying for a Lawful Development Certificate for an existing use to show the proper evidence. This could include:
proof that any building was 'substantially complete' more than four years before the date of the application
proof that any use (or breach of condition) has been carried on continuously for a period of 10 years (four years in the case of a dwelling)
If the LPA has evidence, or reasonable grounds to believe, that the applicant’s claim is not correct, it may refuse a certificate.
Lawful development certificates are not relevant to situations where breaches of listed building or conservation area controls may be alleged.
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