A possibility of avoiding restrictive planning conditions may arise on the odd occasion when a developer has a choice between making a standard application for permission or seeking a certificate of lawfulness of proposed use or development (LCD) under section 192 of the Town and Country Planning Act 1990.
As noted by Martin Edwards and John Martin in
Surprisingly (and noted by the authors as an anomaly), it seems that an authority can insist upon modifications where an application is made under section 191 of the Act for a certificate relating to an existing use or completed operation.
Related item:
A possibility of avoiding restrictive planning conditions may arise on the odd occasion when a developer has a choice between making a standard application for permission or seeking a certificate of lawfulness of proposed use or development (LCD) under section 192 of the Town and Country Planning Act 1990.
As noted by Martin Edwards and John Martin in Descriptive practices Estates Gazette 2 June 2001, p150, the possible advantages in taking the LCD route emerge from R(on the application of Tapp and another) v Thanet District Council [2001] EGCS 43. It was held that section 192 does not empower a planning authority to make the issue of the certificate conditional upon a modification being made to the proposal as described in the application.
Surprisingly (and noted by the authors as an anomaly), it seems that an authority can insist upon modifications where an application is made under section 191 of the Act for a certificate relating to an existing use or completed operation.
Related item: PP 2000/86
