Descriptive practices
Edwards, M.
Descriptive practices - 2001 - Estates Gazette (0122) 2 June 2001, 150(1) .
Discusses the ruling in "R v Thanet DC ex p Tapp" that under the Town and Country Planning Act 1990 s192 limitations cannot be imposed on the grant of a certificate of lawfulness of proposed use or development (LDC). In such cases the local authority may only grant the certificate or refuse the application completely. Local authorities do have the power to modify or rewrite the description of the existing use or development on applications under s191 but is still unable to express conditions on the grant of the certificate. This means that, in certain circumstances, either form of LDC is more useful and more valuable that express planning permission.
CERTIFICATES OF LAWFULNESS OF EXISTING USE OR DEVELOPMENT
CERTIFICATES OF LAWFULNESS OF PROPOSED USE OR DEVELOPMENT
LIMITATIONS
MATERIAL CHANGE OF USE
R V THANET DC EX P TAPP
RESTRICTIONS
TOWN AND COUNTRY PLANNING ACT 1990 S191
TOWN AND COUNTRY PLANNING ACT 1990 S192
Descriptive practices - 2001 - Estates Gazette (0122) 2 June 2001, 150(1) .
Discusses the ruling in "R v Thanet DC ex p Tapp" that under the Town and Country Planning Act 1990 s192 limitations cannot be imposed on the grant of a certificate of lawfulness of proposed use or development (LDC). In such cases the local authority may only grant the certificate or refuse the application completely. Local authorities do have the power to modify or rewrite the description of the existing use or development on applications under s191 but is still unable to express conditions on the grant of the certificate. This means that, in certain circumstances, either form of LDC is more useful and more valuable that express planning permission.
CERTIFICATES OF LAWFULNESS OF EXISTING USE OR DEVELOPMENT
CERTIFICATES OF LAWFULNESS OF PROPOSED USE OR DEVELOPMENT
LIMITATIONS
MATERIAL CHANGE OF USE
R V THANET DC EX P TAPP
RESTRICTIONS
TOWN AND COUNTRY PLANNING ACT 1990 S191
TOWN AND COUNTRY PLANNING ACT 1990 S192