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Certificate of Lawfulness Applications (CLOPUD/CLEUD)

Information required and when requiredInformation Required/Guidance

Certificate of Lawfulness Applications (CLOPUD/CLEUD)

Not relevant to situations where breaches of listed building or conservation area controls may be alleged.

Certificate of Lawfulness for an Existing Use or Development (CLEUD)

This type of application is normally made in one of the following circumstances:

  • The applicant believes that planning permission would not have been required for the development, but requires formal confirmation
  • Operational development took place more than four years ago and is now immune from enforcement action.
  • A change of use to a single dwelling house took place more than four years ago and is now immune from enforcement action.
  • Any other change of use of land or buildings took place more than ten years ago and is now immune from enforcement action.
  • There has been a breach of a condition attached to a planning permission for more than ten years and the breach is now immune from enforcement action.
  • Where planning permission has been granted, whether the development complies with all the planning conditions

If a Certificate is requested where the time limits for enforcement have passed, then information or evidence will to be needed to prove the relevant dates. For building works, the important date is the date when the development was "substantially completed". If this is not known then both the date the work started and the date it was completed should be given. The date of occupation will be relevant to prove when a use commenced.

You will need to provide a completed application form and location plan at a scale of 1:1250 (or at an appropriate scale). You should also provide supporting evidence. The types of evidence that could be provided to support your application include the following:

  • Explanatory statement
  • Old photographs
  • Council tax records
  • Statutory declarations, sworn affidavits or written statements signed by people who occupied, used or visited the premises, or knew the premises well for the relevant period of time, 
  • Copies of bills / invoices, company accounts
  • Existing and original elevations for all building works (scale not less than 1:100)

Certificate of Lawfulness for a Proposed Use or Development (CLOPUD)

This type of application is normally made in one of the following circumstances:

  • The applicant believes that planning permission is not required for their proposal but requires formal confirmation; or
  • The applicant is uncertain whether the proposal requires planning permission; or
  • disagrees with a planning officer's informal view that permission is needed; and
  • requires a formal resolution of the matter with the opportunity to appeal if necessary.

You will need to provide a completed application form and location plan at a scale of 1:1250 (or at an appropriate scale) as well as supporting evidence. The types of  evidence that should be provided to support your application (depending on the proposal) should include the following:

  • Elevation and floor plans at a scale of 1:50 or 100 showing the proposed works. 

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