Certificates of Lawfulness
| Author | William Webster/Robert Weatherley |
| Pages | 501-504 |
POWERS OF THE LOCAL PLANNING AUTHORITY TO ISSUE CERTIFICATES
48.1 If any person wishes to seek clarification as to whether: (a) his use of land; or (b) any operations which have been carried out in, on, over or under his land; or (iii) any other matter constituting a failure to comply with any condition or limitation subject to which planning permission has been granted, is lawful (and the relevant date for these purposes is the date on which the application is made),
he may apply
48.2 For these purposes, uses and operations are lawful (and the lawfulness of any use, operations or other matter for which a certificate is in force shall be
(Wales) Order 2012 (SI 2012/801), art 28), specifies the contents of an application and how it must be submitted along with other prescribed information about the application and its management through to the form of any issued certificate. There is a different application form for each type of certificate, but either type must be accompanied by sufficient factual information/evidence for an LPA to decide the application, along with the relevant fee. An application needs to describe precisely what is being applied for and the land to which the application relates. Without sufficient or precise information, an LPA may be justified in refusing a certificate. This does not preclude another application being submitted if more information can be produced. Although the applicant is responsible for providing sufficient information to support an application, the LPA may canvass evidence before determining the application which it must obviously share with the applicant who may, of course, wish to produce rebuttal evidence of his own. In the case of applications for existing use, if an LPA has no evidence itself, nor any from others, to contradict or otherwise make the applicant’s version of events less than probable, there is no good reason to refuse the application, provided the applicant’s evidence alone is sufficiently precise and unambiguous to justify the grant of a certificate on the balance of probability. An LPA is under no statutory duty to consult third parties but it may, as indicated, be reasonable for it...
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