Town and Country Planning (Scotland) Act 1972 (repealed 27.5.1997)

[F2 F2 90A Certificate of lawfulness of proposed use or development. S

(1) If any person wishes to ascertain whether—

(a) any proposed use of buildings or other land; or

(b) any operations proposed to be carried out in, on, over or under land,

would be lawful, he may make an application for the purpose to the planning authority specifying the land and describing the use or operations in question.

(2) If, on an application under this section, the planning authority are provided with information satisfying them that the use or operations described in the application would be lawful if instituted or begun at the time of the application they shall issue a certificate to that effect; and in any other case they shall refuse the application.

(3) A certificate under this section shall—

(a) specify the land to which it relates;

(b) describe the use or operations in question (in the case of any use falling within one of the classes specified in an order under section 19(2)(f) of this Act, identifying it by reference to that class);

(c) give the reasons for determining the use or operations to be lawful; and

(d) specify the date of the application for the certificate.

(4) There shall be an irrefutable presumption as to the lawfulness of any use or operations for which a certificate is in force under this section unless there is a material change, before the use is instituted or the operations are begun, in any of the matters relevant to determining such lawfulness.]

Textual Amendments

F2 Ss. 90-90C and cross heading substituted for s. 90 (10.8.1992 for certain purposes under s. 90B, otherwise 25.9.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 42(1) (with s. 84(5)); S.I. 1992/1937, arts. 3, 4 (with art. 5).