What constitutes Lawful Development?

Local Planning Authorities (LPAs) can issue a Lawful Development Certificate (LDC) if they have received sufficient evidence from an Applicant to demonstrate that a development is lawful by complying with planning regulations set out by the Government. Once a development is deemed lawful it becomes exempt from enforcement action.

 

Currently in the UK we have two main types of LDC, which are commonly referred to as:

 

• CLEUD (‘Certificate of Lawfulness of Existing Use or Development’); and
• CLOPUD (‘Certificate of Lawfulness of Proposed Use or Development’).

 

CLOPUD

 

If you want to be certain that the existing use of a building is lawful for planning purposes or that your proposal does not require planning permission, you can apply for a 'Lawful Development Certificate' (LDC).

 

It is not compulsory to have an LDC but there may be times when you need one to confirm that the use, operation or activity named in it is lawful for planning control purposes.

 

The LDC application must provide sufficient information for the council to decide the application or else it may be refused.   Often the issues involved in LDCs are complex and if you decide you need to apply for a certificate you might benefit by obtaining our professional advice. 

 

CLEUD

 

A Certificate of Lawful Existing Use or Development (CLEUD) is a certificate that is legally granted by a Local Planning Authority to retrospectively legalise a previously unauthorised development.  Or to confirm development was carried out inline with an approved permission. The CLEUD certifies that an existing building/use is lawful and it will prevent any enforcement action being taken. The granting of a CLEUD application only applies to the lawfulness of the existing development. It doesn’t remove the requirement to comply with any other legal requirements. 

 

A development can become lawful, and exempt from enforcement if it has been in situ for a specified period of time.    These timescales are:

 

• Within 4 years of substantial completion for a breach of control consisting of operational development, i.e. building works (before 25th April 2024);
• Within 4 years for an authorised change of use to a single dwelling (before 25th April 2024);
• Within 10 years for any other breach of planning control (essentially other change of use).

 

The key date for enforcement timescales is the 25th April 2024, if your development / use occurred prior to that date you can still go by the 4 year / 10 year rule outlined above.  However any development / use after this date automatically falls within the 10 year timescale.   To find out more about this new rule please click here.

 

Other ways development can be deemed Lawful

 

The 4 Year and 10 Year Rules are the most known and used. However, development can also be deemed lawful if the development has the benefit of a Planning Permission, or if the development is Lawful by Statute.   ‘Lawful by Statute’ would apply when a use begun prior to 1^st July 1948 and continued in the same manner thereafter.

 

As well as the above, a lesser-known way that a use of land can become lawful is when development is subject to a material change of use between July 1948 and the 1960s. If the material change of use occurred during this period, and was in that use for four or more years, then the use can be considered lawful, as long as the use has not been extinguished or abandoned between then and now.

 

If you’re reading this article and consider that any of the above may apply to you, then please do get in touch with DHA's John.Collins@dhaplanning.co.uk or Purdey.Duncan@dhaplanning.co.uk to discuss lawful development certificates further.