Certificates of Lawfulness

A Certificate of Lawfulness is a formal legal determination issued by a local planning authority under sections 191 or 192 of the Town and Country Planning Act 1990. It confirms whether an existing use of land or buildings, or operational development, is lawful for planning purposes.

Also known as a Lawful Development Certificate, this process applies to both existing uses (CLEUD – Certificate of Lawfulness of Existing Use or Development) and proposed uses (CLOPUD – Certificate of Lawfulness of Proposed Use or Development).

It is not planning permission and involves no assessment of planning policy or planning merit. The sole test is whether the use or development is lawful as a matter of fact — often established through the passage of time or permitted development rights.

Securing a Certificate of Lawfulness requires careful legal analysis and robust supporting evidence. We specialise in preparing precise, credible applications across the South West of England, assembling sworn statutory declarations, documentary records and historic evidence to withstand scrutiny and provide certainty where planning status is unclear.

CASE STUDY

Wreyland Rural Planning was instructed to secure a Certificate of Lawfulness for a long-established commercial clay pigeon shooting ground. The application sought to confirm that the use of the land, together with its associated clubhouse, parking, landscaping and operational structures, was lawful through the passage of time

The case turned entirely on evidence. Planning policy and planning merits were irrelevant. The sole issue was whether the use had operated continuously for a period exceeding ten years, without material interruption or enforcement action.

A detailed Justification Statement was prepared, supported by sworn Statutory Declarations. We assembled a coherent evidential narrative demonstrating that the ground had been established by at least autumn 2000 and had operated consistently since that date. The evidence included contemporaneous specialist magazine advertisements, Clay Pigeon Shooting Association registration records, historic shoot results, insurance documentation and a clear sequence of aerial imagery charting the site’s continued use.

Particular care was taken to address continuity, seasonality and physical permanence, ensuring the evidence met the balance of probabilities test. The submission demonstrated that the use was immune from enforcement, securing a Certificate of Lawfulness and providing the client with long-term certainty and a robust lawful planning position.

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