| No. | Condition Text |
|---|
| 1. | Insufficient information has been provided to prove on the balance of probabilities that the operations applied for (consisting of the conversion of a 2-bedroom house to two 1-bedroom flats) have occurred on site, and in any event would have been immune from enforcement action or otherwise lawful at the time of the application. Consequently, under the unambiguous wording of s191(4) the certificate of lawful development for the existing operations is refused. |
| 2. | The application as submitted was assessed in line with section 191 and 193 of the Town and Country Planning Act 1990 [as amended]. These provisions make it clear that the applicant must provide sufficient evidence to prove on the balance of probabilities that the development was lawful at the time of the application.
Furthermore, It must be noted that making a false or misleading statement to the Local Planning Authority - either recklessly or knowingly, and through omission of facts and evidence - which is of material particular to a planning enforcement investigation or matters subject to assessment under this application may result in the revocation of any certificates (under s193(7) of the Town and Country Planning act 1990 [as amended]) and may be an offence. The assessment of this application shall not conclude such matters; although may be used as evidence in such investigations. |
| 3. | If any future applications would be submitted with a substantial amount of additional evidence, there may be greater scrutiny of the additional information provided; including questions over why such information was not provided in this submission. If such a situation were to occur, it may be that a certificate is refused under the provisions of s193(7) of the Town and Country Planning Act 1990 [as amended] and any other relevant legislation. |
