Planning Application – Certificate of Lawfulness – 22/03111/CLEN

Planning Application – Certificate of Lawfulness – 22/03111/CLEN

Smannell Parish Council has received a planning application in its capacity to receive such applications relevant to its area of jurisdiction for comments to the Planning Authority (Test Valley Borough Council). The application is for a certificate of lawfulness for existing development to confirm permission of planning application 19/02347/FULLN has been lawfully commenced. This relates to Barn at Finkley Manor Farm, Finkley Road, Finkley.

The planning application can be viewed by following the link below to the Test Valley Borough Council Website and entering the reference number of 22/03111/CLEN.

https://view-applications.testvalley.gov.uk/online-applications/

The deadline for return of comments to Test Valley Borough Council by members of the public is 21 December 2022. 

What is a Certificate of Lawfulness?

There are 2 types of lawful development certificate. A local planning authority can grant a certificate confirming that:

(a) an existing use of land, or some operational development, or some activity being carried out in breach of a planning condition, is lawful for planning purposes under section 191 of the Town and Country Planning Act 1990; or

(b) a proposed use of buildings or other land, or some operations proposed to be carried out in, on, over or under land, would be lawful for planning purposes under section 192 of the Town and Country Planning Act 1990.

If the local planning authority is satisfied that the appropriate legal tests have been met, it will grant a lawful development certificate. Where an application has been made under section 191, the statement in a lawful development certificate of what is lawful relates only to the state of affairs on the land at the date of the certificate application.

Once a certificate has been granted following an application under section 192, it means that any proposed use or development in accordance with it must be presumed as lawful, unless there is a material change before the use or development has begun (section 192(4))