Q&As

Do section 106 monies have to be repaid where a planning permission was never validly implemented (as pre-commencement conditions were not discharged), but a certificate of lawfulness for existing use/development was obtained for the development?

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Published on LexisPSL on 20/04/2016

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

  • Do section 106 monies have to be repaid where a planning permission was never validly implemented (as pre-commencement conditions were not discharged), but a certificate of lawfulness for existing use/development was obtained for the development?
  • Lawful development certificate
  • Repayment of monies

Lawful development certificate

A lawful development certificate (LDC) for existing use is a certificate issued by a local planning authority (LPA) certifying that an existing use of land, or some operational development, or some activity in breach of a planning condition, is lawful. Lawfulness means a development:

  1. against which no enforcement action may be taken and where no enforcement notice is in force, or

  2. for which planning permission is not required

No enforcement action may be taken once the time limit for taking such action has lapsed. Different limitation periods apply to different types of developments; see our Practice Note: Lawful development certificates

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