C1Part V Enforcement of Control under Parts III and IV
F8 Certificate of lawful use or development
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).
91 Grant of certificate by Secretary of State on referred application or appeal against refusal.
1
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2
Where an application is made to a. . . F3 planning authority for F4a certificate under section 90 or 90A and is refused, or is refused in part, the applicant may by notice under this subsection appeal to the Secretary of State; and on any such appeal the Secretary of State shall—
a
if and so far as he is satisfied that the authority’s refusal is not well-founded, grant to the appellant an established use certificate accordingly or, as the case may be, modify the certificate granted by the authority on the application; and
b
if and so far as he is satisfied that the authority’s refusal is well-founded, dismiss the appeal.
F53
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4
Before determining an. . . F6 appeal under this section the Secretary of State shall, if either the. . . F6 appellant. . . F6 or the. . . F3 planning authority so desire, afford to each of them an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose.
F55
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6
Subject to section 279 of this Act, Schedule 7 to this Act applies to appeals under this section.
F77
Where the Secretary of State or a person appointed by him under Schedule 7 to this Act to determine an appeal grants a certificate under section 90 or 90A of this Act, the Secretary of State or that person shall give notice to the planning authority of that fact.
Pt. V excluded by Local Government, Planning and Land Act 1980 (c.65), Sch. 17 para. 8(2)