Q&As

Can an application for a certificate of lawfulness for existing use be made in relation to a use which was previously unauthorised, but is now authorised pursuant to a retrospective planning permission?

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Published on LexisPSL on 16/05/2018

The following Planning Q&A provides comprehensive and up to date legal information covering:

  • Can an application for a certificate of lawfulness for existing use be made in relation to a use which was previously unauthorised, but is now authorised pursuant to a retrospective planning permission?

A certificate of lawfulness of existing use can be applied for under section 191 of the Town and Country Planning Act 1990 (TCPA 1990) if a person wants to ascertain whether:

  1. any existing use of buildings or other land is lawful

  2. any operations which have been carried out in, on, over or under land are lawful, or

  3. any other matter constituting a failure to comply with any condition or limitation subject to which planning permission has

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