Certificate of Lawfulness - Proposed Use or Development

Click here for information on ‘Certificate of Lawfulness Of Existing Use or Development (CLEUD)’.

What is a Certificate of Lawfulness Of Proposed Use or Development (CLOPUD)?

A Certificate of Lawfulness Of Proposed Use or Development (CLOPUD) is a certificate issued by your Local Planning Authority (LPA) which confirms that a proposed use of buildings or other land, or some operations proposed to be carried out in, on, over, or under land, would be lawful. Importantly, this will provide immunity from planning enforcement.

You may apply for a certificate if you wish to find out whether any proposed development which would otherwise be ‘permitted development’ (by virtue of provisions in the General Permitted Development Order 1995) requires the submission of a planning application and what is called an ‘environmental assessment’.

Commonly, when selling property, CLOPUD’s are sought to provide assurance to a prospective owner that no enforcement action can be taken by the LPA against extensions or uses which do not benefit from planning permission. Lenders typically require this in order to release monies.

certificate of lawfulness proposed use or development

You may also apply in order to find out whether there are anyspecial restrictions on proposed development because land is, or is near to, a Site of Special Scientific Interest, a Special Protection Area (under the European Community’s Birds Directive), and a Special Area of Conservation (under the European Community’s Habitats Directive), and your proposal may have a significant effect on the site.

The right to Appeal?

If your CLOPUD has been refused you have the right to appeal to the Planning Inspectorate. There is no time limit for making such an appeal although appealing against non-determination can only be done after 8 weeks from the date the application was registered by the LPA.

Professional Advice

One Planning can provide expert planning advice with respect to assessing your individual case and pursuing the best strategy for you.

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