Part 5

Enforcement

Certificate of lawful use or development

Certificates under sections 169 and 170: supplementary provisions
171
1
An application for a certificate under section 169 or 170 must be made in such manner as may be specified by a development order and must include such particulars, and be verified by such evidence, as may be required by such an order or by any directions given under such an order or by the council.
2
Provision may be made by a development order for regulating the manner in which applications for certificates under those sections are to be dealt with by councils.
3
In particular, such an order may provide for requiring the council—
a
to give to any applicant within such time as may be specified by the order such notice as may be so specified as to the manner in which the applicant's application has been dealt with; and
b
to give to such persons as may be specified by or under the order, such information as may be so specified with respect to such applications, including information as to the manner in which any application has been dealt with.
4
A certificate under either of those sections may be issued—
a
for the whole or part of the land specified in the application; and
b
where the application specifies two or more uses, operations or other matters, for all of them or some one or more of them;
and must be in such form as may be specified by a development order.
5
A certificate under section 169 or 170 shall not affect any matter constituting a failure to comply with any condition or limitation subject to which planning permission has been granted unless that matter is described in the certificate.
6
In section 242 (planning register) references to applications for planning permission shall include references to applications for certificates under section 169 or 170.
7
The council may revoke a certificate under either of those sections if, on the application for the certificate—
a
a statement was made or document used which was false in a material particular; or
b
any material information was withheld.
8
Provision may be made by a development order for regulating the manner in which certificates may be revoked and the notice to be given of such revocation.
S. 171 in operation at 13.2.2015 for specified purposes by S.R. 2015/49, art. 2, Sch. 1
Pt. 5 (except ss. 157-163) applied with modification(s) (1.4.2015) by The Planning General Regulations (Northern Ireland) 2015 (S.R. 2015/39), regs. 1(1), 2 (with regs. 3-10)
Pt. 5 applied with modification(s) (1.4.2015) by The Planning (Conservation Areas) (Demolition) Regulations (Northern Ireland) 2015 (S.R. 2015/107), regs. 1, 11
S. 171 in operation at 1.4.2015 in so far as not already in operation by S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)
Ss. 162-175: transfer of functions (8.5.2016) by The Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016/76), art. 1(2), Sch. 5 Pt. 2 (with art. 9(2))