Application for a Certificate of Lawful Use (2007)

CARADON DISTRICT COUNCIL
Application Number:-
Date Received:-

Roger Lovejoy, ELF, Harewood, Calstock, Cornwall, PL18 9SQ

6th November, 2007

Application for a Certificate of Lawful Use

General Development Procedure Order 1995 (June 2007 version)

Article 24
(1)
(a) This is an application under Section 191(1)(a) of the Town and Country Planning Act 1990
(b) The change of use started in June 1993
(e) The change of use is from mixed land use of part grazing and part abandoned, to a mixed of use what may best be described as Conservation and Woodland Enhanced Horticulture. The land totals some 42 acres whereby 2/3rd is to be used for biodiversity enhancement and 1/3 for the production of food, fuel and other useful crops

9 acres of managed SSSI under a WES via Natural England,
other biodiversity enhancement and woodland management and afforestation (min 19 acres) Some supported by a Forestry Commission grant,
horticulture including vegetable production and orchard establishment (max 14 acres) For person use and trade.
ancillary uses, to including the provision of suitable structures, used for the aforementioned lawful uses. The ancillary being : storage of tools, machinery, seeds and other plants before planting, storage of crops, administration (hard copy record store, telephone, computing etc.) and basic accommodation for those employed in the uses mentioned. That accommodation being permanent for one person. This accommodation over the years, weather dependent has been largely confined to either a tent(bender) since 1997/8 or more recently, since (2000/1) a caravan that serves primarily as office, crib-hut and seedling germination space.

(f) The reason for this application is to establish that the mixed use does not entail development as per Section 55 of the 1990 Act and no enforcement action can be taken in respect of them, section 191(2)(a)
(g) The land cited below is some 16 acres and contains the residential element, another 26 is also used as in (e) above but has no residential part.

(2)
(a) Part of the land held by the ELF trust namely Title CL 89161 as shown on the attached map.
(b) Evidence and statements of use on separate documents.
(c) I am the sole proprietor of the land

Below is the criteria for the fee and the reason I see that there is no fee.

I have contacted the Department for Communities and Local Government to enquire about this, and I can understand that some fee maybe decided. However looking at the scale of fees this application is more akin to a PNA where planning permission already exists. i.e. there is little consideration about the planning merits as this has either been granted or the use is not development and the question is more a matter of fact and degree.

The Town and Country Planning Act 1990

Section 55
    (2) The following operations or uses of land shall not be taken for the purpose of this Act to constitute development of land-
       (e) the use of any land for the purposes of agriculture or forestry ( including afforestation) and the use for any of these purposes of any building occupied together with the land so used;

Section 191
    (1) If a person wished to ascertain whether-
        (a) any existing use of buildings or other land is lawful;
    (2) For the purposes of this Act uses and operations are lawful at any time if-
        (a) no enforcement action may be taken in respect of them (whether because they did not involve development or require planning permission or because the time for enforcement action has expired or for any other reason); and

Town and Country Planning (Fees for Applications and Deemed Applications) Regulations 1989 (No. 193)

Section (5) Subject to paragraphs (6) to (10), the fee payable in respect of an application to which this regulation applies shall be-

(c) in the case of an application under section 192(1)(a) or (b) (or under both paragraphs), half the amount that would be payable in respect of an application for planning permission to institute the use or carry out the operations specified in the application (or an application to do both as the case may be).

I AM FULLY AWARE that the amended section 194 of the 1990 act provides that it is an offence to furnish false or misleading information or to withhold material information with intent to deceive. Section 193(7) enables the council to revoke, at any time, a certificate they may have issued as a result of such false or misleading information.

I hereby apply for a lawful use certificate under section 191 of the 1990 Act in respect of the existing uses, described in this application.

Signature .................................................. Date, ... 6th November, 2007

NOTES:

1. Plan of site attached.
2. Evidence of uses
3. Judicial opinions on ancillary and main uses
4. Further extracts from The

Encyclopaedia of Planning :- Extracts from Commentary to Section 191
page 2-3684/34/ (March 2007)
Onus of Proof :- Whereas the onus of proof is on the applicant, the relevant test is "the balance of probability", and authorities are advised that if they have no evidence of their own to contradict or undermine the applicant's version of events, there is no good reason to refuse the application provided the applicant's evidence is sufficiently precise and unambiguous ..
Form and content of application :- There is no prescribed form ......

page 2-3684/34/1 (March 2007)
Notification and publicity :- There are no requirements for applications to be notified to other owners or publicised. This is because the matters to be determined are solely matters of evidence and law.
I draw your attention to a letter of 27th. August 1996 (GEN1) to show the problems that can occur and which in that event led to my original unplanned staying by the land on the boat.

ELF