Where it can be proven that an existing development has existed for more than four years or a material change of use has taken place for a period of more than 10 years it is possible to apply for a grant of a certificate of lawfulness. A positive certificate provided by the Local Planning Authority will confirm that the development is immune from enforcement action.
The use of Certificates of Lawfulness of Existing Use or Development have been subject to a number of high profile cases, the most notable being Mr Fiddler and his Tudor Castle built within a straw stack. More common application for CLEUD’s by ourselves include:
- The change of use of a building to a domestic dwelling (4-year time limit).
- The breach of an agricultural occupancy condition on an existing dwelling (10-year time limit).
- The erection of a building without planning permission or the siting of a mobile home without planning permission.
- The extension of the residential curtilage of dwelling houses.
The application for a grant of Certificate of Lawfulness of Existing Use or Development is often a single opportunity to regularise valuable development. If the application is not prepared and constructed properly with accurate supporting information the opportunity can be lost forever.
Our specialist knowledge and experience enables us to secure existing development and ensure it is protected from enforcement action.