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.
