Explanatory note
(This note is not part of the Order)
This Order amends the Town and Country Planning General Development Order 1988 by making provision in respect of breach of condition notices and certificates of lawful use or development, which were introduced by the Planning and Compensation Act 1991.
The main amendments are—
the introduction of a requirement that permitted development rights may only be exercised in relation to an existing use or building if the use or the construction of the building is lawful (paragraph 2 of the Schedule);
the prescription of procedural and other requirements in relation to certificates of lawful use or development (paragraph 9 of the Schedule);
the introduction of registration requirements in relation to breach of condition notices (paragraph 11 of the Schedule).
The Order also makes various amendments to the 1988 Order consequential on the repeal by the 1991 Act of the provisions of the Town and Country Planning Act 1990 relating to applications to determine whether planning permission is required and for established use certificates and their replacement with provisions relating to certificates of lawful use or development.
The amendments to the 1988 Order are subject to the savings set out in article 3 .
Article 4 revokes previous amendment order provisions which are superseded by this Order.