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Certificates of Lawfulness

Find out how securing a Certificate of Lawfulness can be such a useful tool in the planning process.

Understanding the legal parameters of property use and development is essential for any property owner or developer. Certificates of Lawfulness offer a way to officially establish these rights without undergoing the complete planning permission process. At Salmon Planning, we specialise in assisting clients with applications for Certificates of Lawful Existing Use or Development (CLEUD) and Certificates of Lawfulness of Proposed Use or Development (CLOPUD). Our chartered planning consultants are here to navigate you through this critical process, ensuring clarity and compliance with local planning laws in Bristol, Somerset, Dorset, Wiltshire, Devon, Cornwall and beyond.  

What are Lawful Development Certificates?

Under Sections 191 and 192 of The Planning and Compensation Act 1991, any person can apply for either a proposed or existing Lawful Development Certificate.

Both types of application are submitted to and determined by your Local Planning Authority.  An adverse decision can be challenged at appeal.  Local planning authorities can also revoke Lawful Development Certificates if they are based on false or misleading evidence.

Unlike an application for planning permission, Lawful Development Certificates are not assessed against planning policy or their planning merits.  They are solely determined on documented evidence, planning legislation and case law.

Our Chartered Planning Consultants are here to navigate you through this critical legal process.

Why should I apply for a Lawful Development Certificate?

A Lawful Development Certificate will provide you with absolute certainty on the lawful status of both land and buildings. This is crucial if you are intending to sell assets.  In addition, It offers a strong fall-back consideration in the determination of planning applications and will also prevent local planning authorities from taking enforcement action against a development which might otherwise be unlawful.

Why employ a Chartered Planning Consultant?

Lawful Development Certificates are decided against the test of balance of probabilities.  It is the responsibility of the Applicant to demonstrate their case by providing actual evidence. They can also be extremely useful when seeking to apply the correct four- or ten-year immunity rules from enforcement action.

Applying for a Certificate of Lawfulness is a complex process requiring detailed knowledge of planning law and meticulous preparation of unambiguous evidence, including historical records, aerial photography, plans and preparing Statutory Declarations.

With Salmon Planning you gain access to expert guidance and support making the process as straightforward and stress-free as possible.

Get In Touch With Salmon

Our team look forward to collaborating together on your project.

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