Charles Holt (Lincoln)

If you have a development on your farm, or a use of a building, that is in contravention of a planning permission or a planning condition, it may be useful to apply for a Certificate of Lawful Use or Development (CLUD).  There are strict timescale rules around these, so beware of doing this too early, or without professional advice.

I recently achieved a CLUD for a client, who had initially told me a year too early that he was about to apply for it – on his own.  I was able to advise him that if he had done so, he would have alerted the planning authority that the use had been continuous for just nine years, whereas it has to be ten years to achieve a CLUD.

The process of applying for a CLUD can be quite involved and can mean providing all sorts of evidence of the use of the building or the development being in situ for the full ten years.  This evidence can take a while to gather, and it is much easier to produce if you are on good terms with a tenant or other occupier.  It frequently requires several people swearing an oath (sometimes more than one) in the presence of a notary.

As always, it is better to get such matters in order while relationships are good, and all involved are healthy.  If one previous occupant has died (as has happened to me in other cases) extra sworn proof may need to be delivered of their occupation prior to their demise.

Contact Charles at charlesholt@fcgagric.com or your local FCG Office for all matters on planning.