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 planning law.
What are Lawful Development Certificates?
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.
Under Sections 191 and 192 of The Town and Country Planning Act 1990, any person can apply for either a proposed or existing Lawful Development Certificate to confirm that either an existing or proposed development is lawful. Both types of application are submitted to and determined by your Local Planning Authority and an adverse decision can be challenged at appeal.
Our Chartered Planning Consultants are here to navigate you through this often useful 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 or carry out proposed works. In addition, It offers a strong fall-back consideration in the determination of any subsequent 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 can be 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 + Architecture you gain access to expert guidance and support. This makes the process as straightforward and stress-free as possible.