The Practical Lawyer

Planning and environment

Change of use – what ‘planning unit’?

If a change of use takes place then the landowner may regularise the position by applying for a certificate of lawful existing use (CLUED). This can be done once ten years have passed from the unauthorised change of use (unless it was a change of use to a single dwelling house, in which case a four-year period applies).

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Lawful use – CLEUD

CLEUD is the abbreviation for a certificate of lawfulness of existing use or development. Typically, a certificate will be issued when an applicant successfully shows that a new use has been going on for a period of ten years or more.

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Planning – new court

A specialist planning court, staffed by experienced planning judges, will start hearing its first cases this summer. The intention is to reduce the amount of time taken for planning cases to be resolved (typically 370 days when a planning case goes all the way to a final hearing).

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Planning – enforcement

A reminder of time limits for the LPA to take planning enforcement action:

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Planning permission – no extension

A planning permission will normally be valid for three years. For outline permissions, it is three years for submission of reserved matters, and then an additional two years for implementation following final approval of the last of the reserved matters.

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CIL – update

Some miscellaneous points on the community infrastructure levy:

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CIL – starting too early

There is a community infrastructure levy procedure to be followed before starting work under a planning permission. The first step is to serve an assumption of liability notice on the LA; then, once any conditions or reserved matters have been dealt with, the LA will send out a liability notice as soon as practicable.

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Flood zones – canals

The way that canals are treated by the Environment Agency when preparing flood map zones has been radically altered by a High Court decision. The result is that a large amount of land surrounding canals in England and Wales may suddenly become viable development land. 

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Judicial review – three months

The time limit for issuing proceedings for judicial review in planning cases is now six weeks.

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CIL – planning changes

What happens if planning has been granted, the developer has paid community infrastructure levy, but now needs amendments to the planning permission. Will it be necessary to pay CIL again? 

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