ABSTRACT
The preparation of plans by local planning authorities is designed to provide the framework for development in their areas. The plan, as an element in the day-to-day decisions on proposals to carry out development, was originally given greater importance by the introduction of s 54A into the Town and Country Planning Act (TCPA) 1990. The original definition of development appeared in the TCPA 1947 and this has been carried forward to s 55(1), (3), (4), (4A) and (5) of the 1990 Act. The local planning authority (lpa) has no discretion as to whether or not a certificate is issued if the applicant can satisfactorily prove the lawfulness of the development carried out. The lpa is required to consider the application and issue a certificate, or refuse the application (s 191(4)). The certificate may accept the matters described in the application or may modify or substitute those statements and must give reasons for the determination.
