Making an application for CLEUD

Landowners who don’t have planning permission on a plot of land may often apply for a CLEUD (certificate of existing lawful use and development) to enable them to safeguard the existing use of the land or building it covers.

A CLEUD is a legal document which will establish that an existing use of the buildings or land is lawful, that any operations that have been carried out in, on over or under the land are lawful and any other matter that constitutes a breach of condition or limitation subject to which planning permission was granted is lawful.

It is often applied for as a safety net by some buyers against local authorities taking future enforcement action against its use. In fact some buyers will ask sellers for it before agreeing to buy.

Any application for a CLEUD must be accompanied by evidence to show that the following time limits have been exceeded:

– In the case of operational development, that the operations were substantially completed at least 4 years ago.

– In the case of a change of use of a building to a single dwelling-house, that the change took place at least 4 years ago.

– In any other case, such as a change of use or breach of a condition of a planning permission, that the change or breach occurred at least 10 years ago and there has not been compliance with the condition or another use in the meantime.

Once these time limits have passed, then the breach of planning control will in most cases be immune from enforcement action.

To substantiate a claim the following evidence will be relevant:

• Any information concerning council tax or electoral records.
• Invoices/ bills or receipts from services such as water, electricity, gas or phone.
• Statutory declarations from former owners and neighbours.
• Photographs which can be dated.
• Factual historical information and evidence that confirms when the use or development commenced and its continuation through the relevant period (i.e. over the last 4 or 10 years, as the case may be).

The issue of a CLEUD depends entirely on factual information about the history and planning status of the building, with the onus being on the applicant to prove on the balance of probability that a CLEUD ought reasonably to be issued.

The local planning authority solicitor will review the submission and advise the local planning authority whether there is sufficient evidence to issue a CLEUD.  If there is not, it will be refused.

For more advice on CLEUD, or any other planning or property matter, please contact our team on 01772 258321.