Office of Public Sector Information
PART VII continued
(1) If any person contravenes or causes or permits the contravention of a stop notice—
(a) after a site notice has been displayed, or
(b) if a site notice has not been displayed, more than two days after the stop notice has been served on him,
then, subject to subsection (3), he shall be guilty of an offence.
(2) A person who is guilty of an offence under subsection (1) shall be liable—
(a) on summary conviction to a fine not exceeding the statutory maximum, or
(b) on conviction on indictment to a fine;
and if the offence is continued after conviction he shall be guilty of a further offence and liable—
(i) on summary conviction to a fine not exceeding £200 for each day on which the offence is continued, or
(ii) on conviction on indictment to a fine.
(3) In proceedings for an offence under this section it shall be a defence for the accused to prove—
(a) that the stop notice was not served on him, and
(b) that he did not know, and could not reasonably have been expected to know, of its existence.
(1) Every district planning authority and the council of every metropolitan district or London borough shall keep, in such manner as may be prescribed by a development order, a register containing such information as may be so prescribed with respect—
(a) to enforcement notices; and
(b) to stop notices,
which relate to land in their area.
(2) A development order may make provision—
(a) for the entry relating to any enforcement notice or stop notice, and everything relating to any such notice, to be removed from the register in such circumstances as may be specified in the order; and
(b) for requiring a county planning authority to supply to a district planning authority such information as may be so specified with regard to enforcement notices issued and stop notices served by the county planning authority.
(3) Every register kept under this section shall be available for inspection by the public at all reasonable hours.
(1) Any person who without planning permission—
(a) uses land, or causes or permits land to be used—
(i) for any purpose for which an order under section 102 or paragraph 1 of Schedule 9 has required that its use shall be discontinued; or
(ii) in contravention of any condition imposed by such an order by virtue of subsection (1) of that section or, as the case may be, sub-paragraph (1) of that paragraph; or
(b) resumes, or causes or permits to be resumed, development consisting of the winning and working of minerals the resumption of which an order under paragraph 3 of that Schedule has prohibited; or
(c) contravenes, or causes or permits to be contravened, any such requirement as is specified in sub-paragraph (3) or (4) of that paragraph,
shall be guilty of an offence.
(2) Any person who contravenes any requirement of an order under paragraph 5 or 6 of that Schedule or who causes or permits any requirement of such an order to be contravened shall be guilty of an offence.
(3) Any person guilty of an offence under this section shall be liable—
(a) on summary conviction, to a fine not exceeding the statutory maximum; and
(b) on conviction on indictment, to a fine.
(4) It shall be a defence for a person charged with an offence under this section to prove that he took all reasonable measures and exercised all due diligence to avoid commission of the offence by himself or by any person under his control.
(5) If in any case the defence provided by subsection (4) involves an allegation that the commission of the offence was due to the act or default of another person or due to reliance on information supplied by another person, the person charged shall not, without the leave of the court, be entitled to rely on the defence unless, within a period ending seven clear days before the hearing, he has served on the prosecutor a notice in writing giving such information identifying or assisting in the identification of the other person as was then in his possession.
(1) This section applies where—
(a) any step required by an order under section 102 or paragraph 1 of Schedule 9 to be taken for the alteration or removal of any buildings or works or any plant or machinery;
(b) any step required by an order under paragraph 3 of that Schedule to be taken—
(i) for the alteration or removal of plant or machinery; or
(ii) for the removal or alleviation of any injury to amenity; or
(c) any step for the protection of the environment required to be taken by an order under paragraph 5 or 6 of that Schedule,
has not been taken within the period specified in the order or within such extended period as the local planning authority or, as the case may be, the mineral planning authority may allow.
(2) Where this section applies the local planning authority or, as the case may be, the mineral planning authority may enter the land and take the required step.
(3) Where the local planning authority or, as the case may be, the mineral planning authority have exercised their power under subsection (2) they may recover from the person who is then the owner of the land any expenses reasonably incurred by them in doing so.
(4) Any expenses recoverable by a local planning authority or a mineral planning authority under subsection (3) shall be recoverable as a simple contract debt in any court of competent jurisdiction.
(5) Section 276 of the [1936 c. 49.] Public Health Act 1936 shall apply in relation to any works executed by an authority under subsection (2) as it applies in relation to works executed by a local authority under that Act.
For the purposes of this Part a use of land is established if—
(a) it was begun before the beginning of 1964 without planning permission and has continued since the end of 1963;
(b) it was begun before the beginning of 1964 under a planning permission granted subject to conditions or limitations, which either have never been complied with or have not been complied with since the end of 1963; or
(c) it was begun after the end of 1963 as the result of a change of use not requiring planning permission and there has been, since the end of 1963, no change of use requiring planning permission.
(1) Subject to subsection (3), where a person having an interest in land claims that a particular use of it has become established, he may apply to the local planning authority for a certificate to that effect.
(2) Such a certificate is in this Act referred to as an “established use certificate”.
(3) No application may be made under subsection (1)—
(a) in respect of the use of land as a single dwellinghouse, or
(b) in respect of any use not subsisting at the time of the application.
(4) An established use certificate shall, as respects any matters stated in it, be conclusive for the purposes of an appeal to the Secretary of State against an enforcement notice a copy of which has been served in respect of any land to which the certificate relates, if the copy of the notice is served after the date of the application on which the certificate was granted.
(5) The Secretary of State may give directions requiring applications for established use certificates to be referred to him instead of being dealt with by local planning authorities.
(6) In section 69 references to applications for planning permission shall include references to applications for established use certificates.
(1) An application for an established use certificate shall be made in such manner as may be prescribed by a development order and shall 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 local planning authority or, in the case of an application referred to the Secretary of State, by him.
(2) A development order may provide that an application for an established use certificate shall not be entertained unless it is accompanied by a certificate in such form as may be prescribed by the order and corresponding to one of those described in section 66(1) or section 67(3).
(3) Any such order may also—
(a) include requirements corresponding to section 66(2) to (6) (or, as the case may be, section 67(5), (6) and (11)) and section 71(2); and
(b) make provision as to who, in the case of any land, is to be treated as the owner for the purposes of any provision of the order made by virtue of subsection (2) or this subsection.
(4) If any person—
(a) issues a certificate which purports to comply with any provision of a development order made by virtue of subsection (2) or (3) and contains a statement which he knows to be false or misleading in a material particular, or
(b) recklessly issues a certificate which purports to comply with any such provision and contains a statement which is false or misleading in a material particular,
he shall be guilty of an offence.
(5) A person guilty of such an offence shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(6) If any person, for the purpose of procuring a particular decision on an application (whether by himself or another) for an established use certificate—
(a) knowingly or recklessly makes a statement which is false in a material particular; or
(b) with intent to deceive, produces, furnishes, sends or otherwise makes use of any document which is false in a material particular; or
(c) with intent to deceive, withholds any material information,
he shall be guilty of an offence.
(7) A person guilty of such an offence shall be liable—
(a) on summary conviction, to a fine not exceeding the statutory maximum, or
(b) on conviction on indictment, to imprisonment for a term not exceeding two years or a fine, or both.
(1) On an application to the local planning authority under section 192, or on a reference to the Secretary of State under subsection (5) of that section, the authority or, as the case may be, the Secretary of State shall—
(a) if and so far as they are or he is satisfied that the applicant’s claim is made out, grant him an established use certificate accordingly; and
(b) if and so far as they are or he is not so satisfied, refuse the application.
(2) An established use certificate may be granted—
(a) either for the whole of the land specified in the application, or for a part of it;
(b) in the case of an application specifying two or more uses, either for all those uses or for some one or more of them.
(3) An established use certificate shall be in such form as may be prescribed by a development order and shall specify—
(a) the land to which the certificate relates and any use of it which is certified by the certificate as established;
(b) by reference to the paragraphs of section 191, the grounds on which that use is so certified; and
(c) the date on which the application for the certificate was made.
(4) The date mentioned in subsection (3)(c) shall be the date at which the use is certified as established.
(5) Provision may be made by a development order for regulating the manner in which applications for established use certificates are to be dealt with by local planning authorities.
(6) Such an order may in particular provide for requiring the authority—
(a) to give to any applicant within such time as may be prescribed by the order such notice as may be so prescribed as to the manner in which his application has been dealt with;
(b) to give to the Secretary of State and to such other persons as may be prescribed by or under 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.
(1) Where an application is made to a local planning authority for an established use certificate and—
(a) the application is refused or is refused in part, or
(b) the authority do not give notice to the applicant of their decision on the application within such period as may be prescribed by a development order or within such extended period as may at any time be agreed upon in writing between the applicant and the authority,
the applicant may by notice appeal to the Secretary of State.
(2) On any such appeal, if and so far as the Secretary of State is satisfied—
(a) in the case of an appeal under subsection (1)(a), that the authority’s refusal is not well-founded, or
(b) in the case of an appeal under subsection (1)(b), that if the authority had refused the application their refusal would not have been well-founded,
he shall grant the appellant an established use certificate accordingly or, in the case of a refusal in part, modify the certificate granted by the authority on the application.
(3) If and so far as the Secretary of State is satisfied that the authority’s refusal is or, as the case may be, would have been well-founded, he shall dismiss the appeal.
(4) In section 193(2) and (6) references to applications for established use certificates include references to appeals arising out of such applications.
(5) For the purposes of the application of section 288(10)(b) in relation to an appeal in a case within subsection (1)(b) it shall be assumed that the authority decided to refuse the application in question.
(6) Schedule 6 applies to appeals under this section.
(1) Before determining an application referred to him under section 192(5) or an appeal to him under section 195(1), the Secretary of State shall, if either the applicant or appellant (as the case may be) or the local planning authority so wish, give each of them an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose.
(2) Where the Secretary of State grants an established use certificate on such a reference or such an appeal, he shall give notice to the local planning authority of that fact.
(3) The decision of the Secretary of State on such an application or appeal shall be final.
(4) The information which may be prescribed as being required to be contained in a register kept under section 69 shall include information with respect to established use certificates granted by the Secretary of State.
(5) On such an application or appeal the Secretary of State may, in respect of any use of land for which an established use certificate is not granted (either by him or by the local planning authority), grant planning permission for that use or, as the case may be, for the continuance of that use without complying with some condition subject to which a previous planning permission was granted.
(6) In the case of any use of land for which the Secretary of State has power to grant planning permission under this section, the applicant or appellant shall be deemed to have made an application for such planning permission.
(7) Any planning permission so granted shall be treated as granted on that application.
Town and Country Planning Act 1990