(c) any other matter constituting a failure to comply with any condition or limitation subject to which planning permission has been granted is lawful,

he may make an application for the purpose to the local planning authority specifying the land and describing the use, operations or other matter.

(2) For the purposes of this Act uses and operations are lawful at any time if –

(a) no enforcement action may then be taken in respect of them (whether because they did not involve development or require planning permission or because the time for enforcement action has expired or for any other reason); and

(b) they do not constitute a contravention of any of the requirements of any enforcement notice then in force.

(3) For the purposes of this Act any matter constituting a failure to comply with any condition or limitation subject to which planning permission has been granted is lawful at any time if –

(a) the time for taking enforcement action in respect of the failure has then expired; and

(b) it does not constitute a contravention of any of the requirements of any enforcement notice or breach of condition notice then in force.

(4) If, on an application under this section, the local planning authority are provided with information satisfying them of the lawfulness at the time of the application of the use, operations or other matter described in the application, or that description substituted by them, they shall issue a certificate to that effect; and in any other case they shall refuse the application.

(5) A certificate under this section shall –

(a) specify the land to which it relates;

(b) describe the use, operations or other matter in question (in the case of any use falling within one of the classes specified in an order under section 55(2)(f), identifying it by reference to that class);

(d) specify the date of the application for the certificate.

(6) The lawfulness of any use, operations or other matter for which a certificate is in force under this section shall be conclusively presumed.

(7) A certificate under this section in respect of any use shall also have effect, for the purposes of the following enactments, as if it were a grant of planning permission –

(a) section 3(3) of the Caravan Sites and Control of Development Act 1960;

(b) section 5(2) of the Control of Pollution Act 1974; and

Certificate of lawfulness of proposed use or development

192 –

(1) If any person wishes to ascertain whether –

(a) any proposed use of buildings or other land; or

(b) any operations proposed to be carried out in, on, over or under land,

would be lawful, he may make an application for the purpose to the local planning authority specifying the land and describing the use or operations in question.

(2) If, on an application under this section, the local planning authority are provided with information satisfying them that the use or operations described in the application would be lawful if instituted or begun at the time of the application, they shall issue a certificate to that effect; and in any other case they shall refuse the application.

(3) A certificate under this section shall –

(a) specify the land to which it relates;

(b) describe the use or operations in question (in the case of any use falling within one of the classes specified in an order under section 55(2)(f), identifying it by reference to that class);

(c) give the reasons for determining the use or operations to be lawful; and
(d) specify the date of the application for the certificate.

(4) The lawfulness of any use or operations for which a certificate is in force under this section shall be conclusively presumed unless there is a material change, before the use is instituted or the operations are begun, in any of the matters relevant to determining such lawfulness.

Appeals against refusal or failure to give decision on application

195 –

(1) Where an application is made to a local planning authority for a certificate under section 191 or 192 and –

(a) the application is refused or is refused in part, or

(b) the authority do not give notice to the applicant of their decision on the application within such a period as may be prescribed by a development order or within such extended period as may at any time be agreed upon in writing between the applicant and the authority, the applicant may by notice appeal to the Secretary of State.

(2) On any such appeal, if and so far as the Secretary of State is satisfied –

(a) in the case of an appeal under subsection (1)(a), that the authority’s refusal is not well-founded, or

(b) in the case of an appeal under subsection (1)(b), that if the authority had refused the application their refusal would not have been well-founded,

he shall grant the appellant a certificate under section 191 or, as the case may be, 192 accordingly, or in the case of a refusal in part, modify the certificate granted by the authority on the application.

(3) If and so far as the Secretary of State is satisfied that the authority’s refusal is or, as the case may be, would have been well-founded, he shall dismiss the appeal.

(4) References in this section to a refusal of an application in part include a modification or substitution of the description in the application of the use, operations or other matter in question.

(5) For the purposes of the application of section 288(10)(b) in relation to an appeal in a case within subsection (1)(b) it shall be assumed that the authority decided to refuse the application in question.

(6) Schedule 6 applies to appeals under this section.

Further provisions as to references and appeals to the First Secretary of State

196 –

(1) Before determining an appeal to him under section 195(1), the Secretary of State shall, if either the appellant or the local planning authority so wish, give each of them an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose.

(2) Where the Secretary of State grants a certificate under section 191 or 192 on such an appeal, he shall give notice to the local planning authority of that fact.

(3) The decision of the Secretary of State on such an appeal shall be final.

(4) The information which may be prescribed as being required to be contained in a register kept under section 69 shall include information with respect to certificates under section 191 or 192 granted by the Secretary of State.

(5) On such an application or appeal the Secretary of State may, in respect of any use of land for which an established use certificate is not granted (either by him or by the local planning authority), grant planning permission for that use or, as the case may be, for the continuance of that use without complying with some condition subject to which a previous planning permission was granted.

(6) In the case of any use of land for which the Secretary of State has power to grant planning permission under this section, the applicant or appellant shall be deemed to have made an application for such planning permission.

(7) Any planning permission so granted shall be treated as granted on that application.

The Town and Country Planning (Enforcement Notices and Appeals)(England) Regulations 2002 (SI No 2682)

These contain information on the early stages of an appeal.

The Town and Country Planning (Enforcement)(Written Representations Procedure)(England) Regulations 2002 (SI No 2683)

These explain the procedures and time limits for the various stages of the written appeals procedure.

The Town and Country Planning (Enforcement) (Hearings Procedure)(England) Rules 2002 (SI No 2684)

These explain the procedures and time limits for the various stages of enforcement appeals decided by hearings. They explain the rights and responsibilities of everyone involved in an appeal that is dealt with by a hearing.

The Town and Country Planning (Enforcement)(Inquiries Procedure)(England) Rules 2002 (SI No 2686)

The Town and Country Planning Appeals (Determination by Inspectors)(Enforcement) (Inquiries Procedure)(England) Rules 2002 (SI No 2685)

These explain the procedures and time limits for the various stages of appeals decided by an inquiry. They explain the rights and responsibilities of everyone involved in an appeal that is dealt with by an inquiry.