A Certificate of Lawfulness (commonly referred to as a “CLOPUD” – Certificate of Lawful Use or Development) is a valuable legal document in the field of planning and development. It is used to establish that a specific use of land or property is lawful and does not require planning consent. Here is some useful information about Certificates of Lawfulness, often CLPUD and CLOPUD for clarity:
- Purpose: Certificates of Lawfulness are used to confirm that a particular use or development has become lawful through the passage of time and no longer needs planning permission.
- Four-Year and Ten-Year Rules: Certificates can be employed to argue either the four-year rule (for operational development) or the ten-year rule (for change of use), but not both simultaneously. The four-year rule typically applies to physical development, such as building structures, while the ten-year rule is related to changes in land use.
- Establishing Land Use: These certificates are essential for establishing the current lawful use of a property or piece of land. It can be particularly useful when there is uncertainty or disputes regarding the land’s usage.
- Local Planning Authority Involvement: The process often involves the legal department of a Local Planning Authority. Their role is to review the evidence provided and issue the certificate. This helps prevent any potential pitfalls or “members trap” situations where development may be challenged in the future.
- No Public Consultation: Unlike the regular planning process, applying for a Certificate of Lawfulness does not require public consultation. This can save time and streamline the process, making it a more efficient option in certain cases.
- Resolving Enforcement Cases: Certificates of Lawfulness can be a helpful tool for resolving enforcement cases. If there is a dispute over the legality of an existing use or development, obtaining a certificate can provide legal clarity and potentially prevent enforcement action.
- Time Efficiency: This process is often quicker and more time-efficient compared to the traditional planning permission route. It eliminates the need for planning applications and consultations, making it an attractive option for those looking to establish the legality of their development rapidly.
- Demonstrating Permitted Development: Certificates can be used to demonstrate that a particular development or land use falls within the scope of permitted development rights. This can be especially useful for property owners and developers seeking confirmation that their plans are compliant with local planning regulations.
In summary, Certificates of Lawfulness play a crucial role in land use planning and development. They provide a straightforward and efficient way to establish the legality of existing uses or developments, helping property owners and developers navigate planning regulations and avoid potential issues. It is particularly useful when dealing with cases involving the four-year and ten-year rules, as well as resolving enforcement actions