Certificates of Lawful Use and Development

Now in its second edition and updated to take account of changes in legislation and case law, this book is intended as guide for those who have to engage with the issue of certificates of lawfulness. It is written from a practical point of view, breaking down each aspect of the process from identifying the breach through to either drafting a certificate or crafting reasons for refusal. Each chapter explains the relevant law and then concludes with a checklist to enable either the applicant for a certificate or the decision maker to check their progress against the statutory and case law requirements.

It will be of assistance to those who either regularly or infrequently engage with this process and is intended as an easy aide memoir to enable them to progress a certificate of lawfulness matter.

ABOUT THE AUTHORS

Bob Mc Geady has been involved in the Planning and Local Government field for over 40 years. He initially spent 17 years working for various local authorities. In that time he has dealt with a multitude of planning matters ranging from large-scale retail and housing developments to discrete one off proposals. He moved to Private Practice in 2000 and was a partner and Head of Planning and Commercial Property at Kester Cunningham John, leading a team that dealt with all aspects of commercial development.

He is now a consultant at Ashtonslegal and continues to act for local authorities as well as private clients and objectors. He regularly provides training sessions for officers and members of various local authorities as well as speaking at events organised by such bodies as the Local Government Group and the Royal Town Planning Institute and MBL Seminars.

Bob was an Independent Board Member of a large regional housing association and chaired a regional homelessness charity. He is currently a member of a local housing association. In the Legal 500 and Chambers Directory he is rated as a leading individual for planning in East Anglia. Clients also say that he ‘has a valuable insight into the attitudes and even the politics of planners’ with another describing him as “a star in the firmament of planning lawyers.”

Chambers and Partners Directory said of Meyric Lewis KC that “what Meyric doesn’t know about planning law isn’t worth knowing“. He is listed by the Legal 500 in the first rank of KCs in the categories of Planning and Local Government Law. He specialises in all aspects of planning, compulsory purchase and environmental law both at inquiries and in the courts at all appellate levels. His clients range from substantial developers to public authorities and individual developers and objectors.

REVIEWS OF THE FIRST EDITION

“…written from a practical point of view breaking down each aspect of the process … Each chapter explains the relevant law and then concludes with a checklist to enable either the applicant for a certificate or the decision maker to check their progress against the statutory and case law requirements. It will be of assistance to those who either regularly or infrequently engage with this process…”
– Journal of Planning & Environment Law, 2019

CONTENTS

Introduction
Chapter One – The Basics of a Certificate of Lawfulness of Existing Use and Development
Chapter Two – Time Limits
Chapter Three – Standard and Burden of Proof
Chapter Four – Form and Content of Applications
Chapter Five – Determining Applications
Chapter Six – Appeals
Chapter Seven – Revocation
Chapter Eight – Certificates of Lawfulness of Proposed Use or Development under section 192 or “CLOPUDS”
Chapter Nine – Listed Buildings and Certificates of Lawfulness
Chapter Ten – Caravans and Mobile Homes