Town and Country Planning Act 1990

194 Determination of applications

(1) On an application to the local planning authority under section 192, or on a reference to the Secretary of State under subsection (5) of that section, the authority or, as the case may be, the Secretary of State shall—

(a) if and so far as they are or he is satisfied that the applicant’s claim is made out, grant him an established use certificate accordingly; and

(b) if and so far as they are or he is not so satisfied, refuse the application.

(2) An established use certificate may be granted—

(a) either for the whole of the land specified in the application, or for a part of it;

(b) in the case of an application specifying two or more uses, either for all those uses or for some one or more of them.

(3) An established use certificate shall be in such form as may be prescribed by a development order and shall specify—

(a) the land to which the certificate relates and any use of it which is certified by the certificate as established;

(b) by reference to the paragraphs of section 191, the grounds on which that use is so certified; and

(c) the date on which the application for the certificate was made.

(4) The date mentioned in subsection (3)(c) shall be the date at which the use is certified as established.

(5) Provision may be made by a development order for regulating the manner in which applications for established use certificates are to be dealt with by local planning authorities.

(6) Such an order may in particular provide for requiring the authority—

(a) to give to any applicant within such time as may be prescribed by the order such notice as may be so prescribed as to the manner in which his application has been dealt with;

(b) to give to the Secretary of State and to such other persons as may be prescribed by or under the order, such information as may be so prescribed with respect to such applications made to the authority, including information as to the manner in which any application has been dealt with.