How Do I Check if I Need Planning Permission?

There will be times when a landowner or developer wishes to establish formally whether planning permission is, or was, required. To do this, they can apply for a Certificate of Lawfulness.

A Certificate of Lawfulness of Existing Use or Development (CLEUD) will be granted if the applicant can show:

• in the case of building works, they were substantially completed more than four years ago

• in the case of a building now used as a single dwelling house (which includes use as a flat), the use has been carried out continuously for at least the last four years

• in the case of all other uses, the use has been carried out for at least the last ten years

• a condition on a planning permission (such as closing hours for a take away) has not been consistently complied with for at least the last ten years.

A Certificate of Lawfulness of Proposed Use or Development (CLOPUD) will be granted if the applicant can show a proposed use or operation does not require planning permission.

Once a Certificate is granted, the use or operation specified in the Certificate becomes lawful and is tantamount to a grant of planning permission.

Back to top

Page updated: 28 Feb 2007