Certificate of Lawful Development for the creation of hard standing

Why Was This Approved?

• ✓Balance of probability test met — hardstanding existence found to be lawful
• ✓Certificate issued under section 24 of the Town and Country Planning Act 1999
• ✓Certificate covers only the physical hardstanding, not any use of the site
• ✓Previous application for a vehicle storage building on the site was refused in 2001

The application asked the Department of Environment, Food and Agriculture to certify, under section 24 of the Town and Country Planning Act 1999, that hardstanding already in place on land next to Ellenbrook Farm was lawful. A Certificate of Lawful Development is not a planning permission; it is a formal legal confirmation that a particular matter does not require consent or has become lawful through the passage of time or other circumstances. The Director of Planning and Building Control concluded, on the balance of probability, that the existence of the hardstanding on the site was lawful. The certificate is limited strictly to the physical existence of the hardstanding and does not imply that any particular use of the site is lawful.

The certificate was granted because the evidence showed, on the balance of probability, that the hardstanding's existence was lawful under section 24 of the Town and Country Planning Act 1999. The decision does not confer any lawful use of the land; it confirms only that the hardstanding itself is lawful.

Policies Assessed (2)

Planning History (1)

Documents (6)