Certificates Of Lawful Use & Development

There are two types of certificates, Certificates of Lawful Existing Use or Development (CLEUD) and Certificates of Lawfulness of Proposed Use or Development (CLOPUD).
The legislation provides that if a person wishes to ascertain whether any existing use of buildings or land is lawful; any operations which have been carried out on land are lawful; or any other matter constituting a failure to comply with any condition or limitation subject to which a planning permission is lawful, application can be made to the local authority specifying the land and describing the use, operations or other matter. The onus of proving the lawfulness of an existing use or development rests with the applicant. Evidence will need to be submitted by the applicant and the matter determined on the balance of probability¬Ě. Once a certificate is granted the development in question is immune from enforcement action.

Applying for a CLOPUD enables a person to ascertain whether any proposed use of the land or buildings or any operations carried out thereon would be lawful. If the proposed use does not constitute development, or if it does but is permitted development, then the certificate should be granted.

Enforcement action or applying for the relevant certificate often requires the services of a specialist lawyer. Graham Warren has established relationships in this regard. The combined knowledge and experience of planning consultant and lawyer increases the chances of getting the right result quickly and efficiently.

Services available include;

  • Advising on the extent and type of research necessary prior to the submission of an application for a certificate
  • Appealing against a decision to refuse a certificate
  • Advising on legal representation
  • Preparing a proof of evidence
  • Presenting evidence at inquiry (See Planning Appeals and Expert Evidence)