Part VI

Enforcement

Certificate of lawful use or development

Certificates under sections 150 and 151: supplementary provisions.
152
1
An application for a certificate under section 150 or 151 shall be made in such manner as may be prescribed by regulations or a development order and shall include such particulars, and be verified by such evidence, as may be required by such regulations or such an order or by any directions given under such regulations or such an order or by the planning authority.
2
Provision may be made by such regulations or a development order for regulating the manner in which applications for certificates under those sections are to be dealt with by planning authorities.
3
In particular, such regulations or such an order may provide for requiring the authority—
a
to give to any applicant within such time as may be prescribed by the regulations or the order such notice as may be so prescribed as to the manner in which his application has been dealt with, and
b
to give to the Secretary of State and to such other persons as may be prescribed by or under the regulations or the order, such information as may be so prescribed with respect to such applications made to the authority, including information as to the manner in which any application has been dealt with.
4
A certificate under section 150 or 151 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 things, for all of them or some one or more of them,
and shall be in such form as may be prescribed by such regulations or a development order.
5
A certificate under section 150 or 151 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 36 references to applications for planning permission shall include references to applications for certificates under section 150 or 151.
7
A planning authority may revoke a certificate under section 150 or 151 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 such regulations or a development order for regulating the manner in which certificates may be revoked and the notice to be given of such revocation.
Pt. 6 applied (with modifications) (1.4.2010) by The Management of Extractive Waste (Scotland) Regulations 2010 (S.S.I. 2010/60), regs. 1(1), 30 (with arts. 4, 5)
Pt. 6 modified (16.9.2011) by The Storage of Carbon Dioxide (Access to Infrastructure) Regulations 2011 (S.I. 2011/2305), regs. 1, 19(2)
Pt. 6: power to modify conferred (6.1.2025) by Housing (Cladding Remediation) (Scotland) Act 2024 (asp 7), ss. 29(5), 39(2); S.S.I. 2024/370, reg. 2