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When is a proposed or existing development lawful?

Marketing / 13 Apr, 19

Published on: 6th July 2018

Lawful development certificates are certificates issued by local planning authorities (LPAs) which certify that a proposed or existing development is lawful. They can be useful to those thinking of developing their land and/or considering whether a proposed use or existing use or operation is lawful, perhaps in anticipation of selling or purchasing a property. There are two types of certificate, click here to find out more about these two types of certificates:

• Certificate of Lawfulness of Existing Use or Development (CLUED) which certify that an existing use of buildings or land, or operations carried out in, on, over or under land, or the failure to comply with any condition or limitation attached to a planning permission is lawful; and,

• Certificate of Lawfulness of Proposed Use or Development (CLOPUD) which certify that a proposed use of buildings or land, or any proposed operations to be carried out in, on, over or under the land is lawful.

Given the recent tax changes to buy to let landlords, many homeowners have started to use their dwelling houses, which were formerly let as C3 houses, in other ways particularly in other areas of London and regional cities. There are also an ever-growing number of websites which can be used by owners to advertise their properties to tourists and visitors as bed and breakfasts, guest houses or short stay sleeping accommodation, amongst other uses.

But landlords can sometimes fall foul of the planning system as they are not aware planning permission is usually required for such changes of use. On this basis, we have recently been appointed on several similar cases.

For more information on how we might be able to assist your business in obtaining a CLEUD, avoiding potential enforcement action or obtaining a CLOPUD, please contact Owen Pike on 0117 338 1813 or owen.pike@sw.co.uk.

Topics: Uncategorised

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