Certificate of Lawful Existing Use or Development (CLEUD) to regularise breach of agricultural occupancy condition
At a glance
- Residential property subject to an agricultural occupancy condition
- Property occupied in breach of condition for over 10 years
- GTH planning team prepared an application for a CLEUD
- Application granted, thereby confirming the breach of condition is lawful and that no enforcement action may be taken by the Council
The client approached the GTH planning team to enquire as to whether it might be possible to have the agricultural occupancy condition removed from the property. After reviewing the property’s occupancy history and the available evidence it was concluded that the condition had not been complied with for a period exceeding 10 years. An application for a CLEUD could therefore be submitted to Somerset Council in order to confirm the lawful status of the breach of condition.
Somerset Council approved the application and issued a CLEUD. This establishes that the breach of the occupancy condition is lawful and that the Council may not seek to take enforcement action. In addition to providing reassurance to the client over the status of the property, the certificate will also serve to enhance the property’s value.
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