Monthly Archive: August 2007

Certificate of Lawfulness part 2

On 17 August ECDC determined that Mr Tyrrell’s Certificate of Lawfulness application was “indeterminable”, because the forms were completed incorrectly. Nevertheless, they offered their informal opinion that the proposal to use the pit for recreational cruising of boats, and for temporary mooring, would not require planning permission. The officer signing this advice left ECDC shortly afterwards.
ECDC’s opinion was directly contradictory to LCPRE’s legal advice, which we submitted to ECDC eight days previously. In our barrister’s opinion, all the individual elements of the Certificate of Lawfulness application added up to a marina, which under European law cannot be developed without planning permission and a full Environmental Impact Assessment. The Environment Agency, the Wildlife Trust, RSPB and Natural England all submitted similarly robust comments to ECDC that were in agreement with our barrister’s advice. To date LCPRE has still not received a reply to our comments.