155Expressions relating to lawfulness(1)

For the purposes of this Act, uses of land and operations carried out on land are lawful if—

(a)

no enforcement action may be taken in respect of them, and

(b)

they do not constitute a failure to comply with any of the requirements of an enforcement notice that has effect.

(2)

For the purposes of subsection (1)(a) it does not matter whether enforcement action may not be taken—

(a)

because the uses or operations do not involve development,

(b)

because an application for planning permission is not required (for example, because permission has been granted by a development order or a local development order),

(c)

because the period for taking enforcement action has ended, or

(d)

for any other reason.

(3)

For the purposes of this Act, a matter constituting a failure to comply with a condition of planning permission is lawful if—

(a)

the period for taking enforcement action in respect of the failure has ended, and

(b)

the matter does not constitute a failure to comply with any of the requirements of a breach of condition notice or enforcement notice that has effect.

(4)

See Part 4 for provision about the period for taking enforcement action and the times when breach of condition notices and enforcement notices have effect.

(5)

In this Part—

(a)

references to use of land do not include use for carrying out operations on the land;

(b)

references to a condition of planning permission include a limitation;

(c)

“certificate of lawfulness” means a certificate issued under section 156 or 157.