Lawful development certificates are certificates issued by local planning authorities which certify that a proposed or existing development is lawful. They can be useful to those thinking of developing their land and / or considering whether a proposed or existing use or operation is lawful, perhaps in anticipation of selling or purchasing land.
There are two types of certificate:
CLEUDs
A CLEUD will be granted by a local planning authority only if the existing 'development' (which includes use of the land) is 'Lawful'. This means development:
For example, a CLEUD can be granted in respect of a an existing use, which would initially have been unlawful (e.g. the use of a property as a two separate residential dwellings in breach of a planning condition that required it only to be used as a single residential dwelling) if enforcement action is time barred and no planning enforcement notice or breach of condition is in force. In this situation the grant of a CLEUD would confirm the lawfulness of the use of the property as two separate residential dwellings. The legal way of expressing the effect that the grant of a CLEUD has is that:
"the lawfulness of any use, operations or other matter for which a CLEUD is in force shall be conclusively presumed"
In determining whether a CLEUD should be issued, the local planning authority determines whether, on the facts of the case (including planning history), the relevant matter is or would be lawful. It is for the applicant to prove, on the balance of probability, that a CLEUD ought reasonably to be issued. Relevant evidence may include:
CLOPUDs
In determining a CLOPUD application, the local planning authority must issue the CLOPUD if it is satisfied that the answer to the following question is 'Yes':
If this proposed change of use had occurred, or if this proposed operation had commenced, on the [CLOPUD] application date, would it have been lawful for planning purposes?
Answering this question will involve the local planning authority considering:
The legal way of expressing the effect that the grant of a CLOPUD has is that the :
"Use or operations for which a CLOPUD is in force shall be conclusively presumed unless there is a material change, before the use is implemented or the operations are begun in any of the matters relevant to determining such lawfulness"
An example of a material change is a change to relevant permitted development rights.
Appeal and Challenge
An appeal can be made to the Secretary of State by an applicant if a local planning authority:
In addition a third party may challenge the grant of a CLEUD or CLOPUD by way of judicial review.
Revocation of a CLEUD or a CLOPUD
A local planning authority may revoke a CLEUD or CLOPUD if, in respect of the relevant application:
There is no time limit on revocation and no compensation is payable.
In addition any person who knowingly or recklessly made such a statement, used such a document or withheld material information is guilty of an offence. The maximum penalty for which is an unlimited fine or two years' imprisonment.
Our experienced Planning Team advises on all aspects of planning law, including CLEUDs, CLOPUDs and enforcement.