Appeal Decision 168 - Certificate of Lawful
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December 2010 - Code
Summary of Case (Inspector
decided to take “no further action” with this appeal):
The application was submitted
under section 192 (proposed) on 08/12/2009 for various works which (according to the Council) had begun on
12/08/2010 and were completed on 04/01/2010.
The Council’s reason for
refusal was as follows:
“The operations described
in this application had begun on 12 August 2008 and completed on 4 January 2009 which is prior to the submission
of this application for a Certificate of Lawfulness, and as such they could not be considered to constitute a
proposed development. Given that an application in relation to a Certificate of Lawfulness (Proposed), there is
no longer an appropriate scheme or proposal that can be considered. As such, the application would be contrary
to the requirements of Section 192 of the Town and Country Planning Act (1990)”.
The Inspector stated the
“The application which is
the subject of this appeal was made under Section 192(1)(b) of the Act, which applies to any operations proposed
to be carried out. However, it is clear that, at the time the application was made, the development described
above must have been substantially completed – the application date is less than 1 month prior to the Council’s
Building Control record of a ‘Completion’ inspection on 4 January 2010, a period which includes the
Christmas/New Year break.
Section191 of the Act
contains the means to ascertain the lawfulness of operations which have been carried out, as is alluded to in the Council’s formal decision. The
fact that this decision contained a typographical error, referring to the development as having been completed
on 4 January 2009 does not alter the essence of that decision. Neither can the fact that the S.192 application
form includes a question “Has the proposal been started?” infer that that section of the Act is appropriate in
the case of substantially completed development.
In the light of my
conclusions above, I shall take no further action on this appeal. It is always open to the appellant to submit a
revised application to the Council under the appropriate section of the act, with whatever supporting evidence
he wishes to put forward”.
Where an application is
submitted under section 192 (proposed), but at the time the application was made the development was
substantially completed, then the applicant should resubmit the application under section 191
“Interaction between section 191 (existing) and section 192 (proposed)”].
Links to the “Appeal Decision
Notice” and other associated documents (e.g. drawings, etc):
· Appeal Decision
· Council’s Decision
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