| No. | Condition Text |
|---|---|
| 1. | No planning applications have been granted for the development (consisting of the erection of a front and side boundary walls/fence), and insufficient evidence has been provided to prove on the balance of probabilities if the development would be immune from enforcement action at the time of the application, or be lawful in any event. Consequently, under the unambiguous wording of s191(4), officers recommend that the certificate of lawful development for the existing development 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. Following from representations made on the application and evidence provided, it was clear that on the balance of probabilities that the operation as described was not lawful at the time of the application. |
