What Is Lawful Use

An application must describe exactly what the application is being requested for (not just the class of use) and to which country the application relates. In the absence of sufficient or accurate information, a local planning authority may be entitled to refuse a certificate. This does not preclude further application if additional information can be submitted at a later date. « Established use certificates » were replaced by legal development certificates in 1992. The effect and value of existing established certificates of use remain unchanged but are not deemed to have been established in accordance with section 191 of the Act. The main difference is that old-fashioned certificates could certify an established use and grant immunity from enforcement measures, but not that the development was legal. The issuance of a certificate applies only to the legality of the development under the Planning Act. It does not eliminate the need to comply with other legal requirements such as the Building Codes 2010 or the Planning Act 1990 (Listed Buildings and Conservation Areas) (as amended) or other licensing or permit systems. Legal Use Certificates are a useful tool for many of our clients when it comes to establishing the use and operation of planning with respect to their land and/or real estate. Although a certificate issued under sections 191 or 192 of the Planning Act 1990 (TCPA 1990) is not a building permit, it can serve to provide legal certainty that certain uses or operations are legal at any given time. It may therefore be of particular importance where, for example, the lawful use of an asset is called into question by a potential buyer due to uncertainty as to the legality of previous works or a change in use, or where it is necessary to demonstrate that the future work would be lawful.

The content and requirements of a CLOPUD application are set out in section 39 of the Planning (Development Management Procedure) (England) Order 2015 in respect of a CLUED application. As with a CLUED, a CLOPUD application is subject to a fee, and the local planning authority is required to determine the application within a legal period of eight weeks. An application must be submitted with supporting information and, upon receipt, the local planning authority will consider whether the proposal would include a development requiring an application for a building permit or a breach of an existing condition or restriction imposed on the issuance of an implemented building permit. If, after reviewing the information submitted, the local planning authority is satisfied that the intended use or activities described in the application would be legal, the certificate must be issued. An application for the « conversion » of a certificate of use established into a certificate of legal development must be made like any other application for a certificate. (b) whether operations in, on, over or below land are lawful, or whether a local planning authority may decide to issue a legal planning certificate for a description other than that requested, instead of the complete rejection of a certificate. However, it is advisable to obtain the applicant`s consent to a change before issuing the certificate. A rejection is not necessarily conclusive that something is not legal, it may mean that insufficient evidence has not yet been presented. A local planning authority must consider whether the specific issue is or would be legal according to the facts and the relevant planning law. The benefits of planning are not relevant at any stage of this particular application or complaint procedure. (a) if an existing use of buildings or other land is legal, upon closer examination of the provisions, there are two types of certificates that may be applied for, depending on whether the operations or uses that an applicant wishes to demonstrate as legal exist or are proposed: (a) an existing land use or operational development; or an activity carried out in breach of a planning requirement is legal for planning purposes under section 191 of the Planning Act 1990; or anyone can contact the local planning authority to decide whether an existing use or development or proposed use or development for planning purposes is legal or not.

When deciding on an application for potential development under section 192, a local planning authority must ask itself: « If this proposed change of use had taken place or if this proposed operation had begun on the date of application, would it have been legal for planning purposes? » After the expiry of these periods, the development becomes effectively lawful within the meaning of urban planning law. In the case of proposed development applications, an applicant must describe the proposal with sufficient clarity and accuracy for a local planning authority to understand exactly what is at stake. If you want to make sure that the existing use of a building for planning purposes is legal or that your proposal does not require a building permit, you can apply for a Legal Planning Certificate (LDC). A legal planning certificate may be issued on the basis that there is a building permit for the development; However, the development must continue to meet all conditions or restrictions imposed on the development by the granting of the permit, except to the extent expressly described in the legal development certificate. A CLOPUD application refers only to potential or future actions or the use of the country in question. This is a useful way to determine whether the intended use of the land, possibly by a future buyer, would be legal or to determine whether certain operations could legally be carried out on the property without the need to apply for another explicit building permit application. .

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