Firstly, to understand whether CLEUDS and CLOPUD's are worth the effort in obtaining, let us explain exactly what they are. A CLEUD ( as so often referred to) is a Certificate of Lawfulness of an Existing Use or Development whilst a CLOPUD is otherwise known as a Certificate of Lawfulness of Proposed Use or Development. It is important to remember that only the Local Planning Authority can issue these Certificates.
The purpose of a CLEUD is to demonstrate that an existing use or development is lawful. CLEUDs are generally used to confirm that an existing use or development is lawful; either by not requiring planning permission in the first instance or, the development / use is lawful owing to the passage of time and as such, is immune from any enforcement action.
It is also not uncommon for CLEUDs to be used to demonstrate that a planning application has been implemented and as such, subject to all requisite pre - commencement conditions being discharged, development has lawfully commenced and the planning permission implemented. Having evidence (i.e. a Certificate confirming a lawful commencement) can save a headache later on down the line, particularly if there is likely to be a lengthy pause in development once commenced.
CLOPUD's are used to confirm whether or not a proposed use or development would be lawful or not, thus offering peace of mind to the applicant. This type of application also provides the applicant with an opportunity to appeal the Local Planning Authorities decision should the applicant disagree with their findings.
Case Study
We recently helped a client in Bury with obtaining a Certificate of Existing Lawful Use. The client had been advised by the Local Planning Authority that the land which they were seeking permission on was not garden land, but agricultural land ( in the Green Belt). We were able to evidence that the land had been used in connection with the dwelling ( by both out client and previous occupiers) for in excess of 10 years and as such, the lawful use was garden land.
For the purpose of obtaining a lawful development certificate, the fact that the land was (is) in the Green Belt is immaterial however, the issuing of a positive Certificate confirming that the land is garden land has opened up potential development opportunities under Permitted Development insofar as householder development to which, there is no criterion restricting works that can be carried out under permitted development in the Green Belt.
To answer the question whether CLUEDS and CLOPUDS are worth it, they certainly have their place. If you would like to apply for a CLUED or CLOPUD and don't know where to start, contact us today.