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Planning Permission

Volume 481: debated on Tuesday 28 October 2008

To ask the Secretary of State for Communities and Local Government under what circumstances a certificate of lawfulness is required in relation to a proposed development; and whether a developer or householder is required to obtain such a certificate if the proposed development does not require planning permission. (230325)

Sections 191 and 192 of the 1990 Town and Country Planning Act provide for anyone to apply to the local planning authority for a lawful development certificate. A certificate confirms the lawfulness—in planning terms only—of a past, present or future use of land, or of existing or proposed building or engineering works, for example. It is not a grant of planning permission and the main purpose of lawful development certificates is to give the applicant certainty and peace of mind on a particular issue. There is, therefore, no requirement to obtain a certificate. It will be for the developer or householder to consider whether to make an application for a lawful development certificate.