Lawful Development Certificates

There are two types of Lawful Development Certificates relating respectively to development that is existing (Certificate of Lawful Existing Use or Development (CLEUD)) or development that is proposed (Certificate of Lawful Proposed Use or Development (CLOPUD)).

A CLEUD relates to where development has taken place without planning permission but has either become lawful through the passing of time (there are four year and ten year rules depending on the category of development); or is regarded as ‘permitted development’ as defined in legislation. In the former case, there can be exclusions where deliberate concealment has taken place (see our Enforcement Services)

A CLOPUD relates to where a specific development is deemed to benefit from permitted development rights, or was the subject of a historic planning permission and can be continued despite the passing of time. A CLOPUD can also be used to confirm whether a proposal actually constitutes ‘development’ by definition.

A Lawful Development Certificate is often the first step in a wider strategy to optimise the development potential of a property holding. It creates a base-line on which further planning proposals can be established.

Smart Planning can help you pursue your end goal and work your way towards it by through considered applications for Lawful Development Certificates. We will ensure that you satisfy the necessary technical and legal tests to establish lawfulness and that you keep focus on what this might then make possible.

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