Certificates of Lawfulness
There are two types of certificates:
Certificate of Lawful Existing Use or Development (CLEUD)
There are two time limits involved, four years for operational development or the creation of a dwelling and ten years for change of use. There are however some cases where operational development requires ten years as part of a change of use scheme.
CLEUD cases are decided on the balance of probability and therefore factual information submitted within the application is critical. If done correctly, CLEUD’s should be granted provided the relevant periods have passed.
Certificate of Lawfulness of a Proposed Use or Development (CLOPUD)
CLOPUD’s are an application made to the local authority to determine whether a proposal is lawful or not. Use for this process would include proposals where it needs to be determined whether they are allowed within a previous approval, or where it needs to be determined whether a proposal is permitted development or not.