CLEUD’s & ENFORCEMENT!

WHAT IS A CLEUD AND WHY DO I NEED ONE?

A Certificate of Lawful Existing Use or Development (CLEUD) is a certificate which can be obtained from the Planning Service and will prevent enforcement by that Body against any breach of planning policy or conditions.

Constructing a building for any use or using a site for anything other than forestry or agriculture will require planning permission, unless it is exempt under the General (NI) Development Order 1993.

However, it is not illegal to carry out development or change of use until such time as the Planning Service decide to take enforcement action. The Planning Service must however take this action within certain time periods. If however these periods have already passed, you can legitimise the development in planning terms by submitting a CLEUD.

There are minimum time periods for eligibility depending on the type of development, which are important to be aware of if consideration is being made to apply for a CLEUD. The breach of planning must be continuous and current. The time periods are different in Northern Ireland from other parts of the UK and are:-

  • 5 years for the construction of a new building or structure;
  • 5 years for the change of use of a building to a single dwelling;
  • 5 years for the change of use of a building or land to any use other than a single dwelling.

Unlike planning applications, CLEUDs are decided on the facts of the case and evidence should be provided to prove to the Planning Service, on the balance of probability that the development complies with the minimum time periods stated above.

A CLEUD is a good way of preventing Planning Service taking enforcement action against unauthorised development. It can also legitimise unauthorised development that is immune from enforcement and can assist in the sale or financing of these unauthorised developments.

FACING ENFORCEMENT ACTION?

If threatened with Enforcement Action, professional planning advice from the outset will save you time, money and hassle. We regularly represent Clients facing enforcement action

If you are having any difficulties with the Planning Service  contact  Matt or one of the MKA Team  at 02871311551 to discuss your options.

Have a look at the MKA Newsletter to see some of our successful applications.

MKA Newsletter

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