does a CLUED supersede a planning permission

Planning Advisory Service (PAS)

Open group | Started - July 2012 | Last activity - This week

Mark Lane, modified 7 Years ago.

does a CLUED supersede a planning permission

New Member Posts: 22 Join Date: 20/03/15 Recent Posts

In 2005 an enforcement investigation resulted in a planning application being submitted and approved with condiitons attached for the use of land for storage and processing of wood waste. The conditions were operating hours, hight of stockpiles and limiting the operation to the applicant.

In 2009 long after the time to appeal the conditions had passed a CLUED for the use was submitted and approved, no condiiton was attached. Reading the application the reason for the CLUED application was that the conditions attached to the 2005 permission did not reflect the operation of the site for the preceeding 10 years.

Not having come across this in my time as an enforcement officer I'd be interested to see what other officers think

A) are the 2005 conditions enforceable

or

B) the CLUED supercedes the 2005 permisson??

If B does that open a loophole where if conditions are imposed they can be circumvented with a CLUED

Former Member, modified 7 Years ago.

RE: does a CLUED supersede a planning permission

There are some important questions that need to be answered in this case.

1. Was the use lawful before the planning application was submitted?

2. Was the planning permission ever implemented?

3. Is the current use the same as ten years ago, or has it changed materially in the meantime?

4. If conditions have been breached, when did the breach occur? Are they still enforceable?

5. What was the basis on which the CLEUD was granted?

It seems to me that it had gained lawfulness before the application was submitted. If the use has not changed in the meantime, then it would be exempt from enforcement action. It's not a loophole. Instead of submitting a planning application, they should have submitted a CLEUD which the later application would appear to have corrected.