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Land Planning and Development: Certificates of Lawful Use

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Thursday 02 May 2019

The Land Planning and Development (Certificates of Lawful Use) Ordinance, 2019 comes into effect on 6 May 2019.

This Ordinance provides, for the first time in Guernsey, the ability for owners to apply to the Development & Planning Authority for a Certificate of Lawful Use (a 'CLU') in respect of their land.

A CLU is a certificate as to the lawfulness of any existing use of land. Where a CLU is issued by the Development & Planning Authority, it serves to certify that, on the date of the application, the use, or uses, described in the CLU in respect of the area of land specified in the CLU was, or were, lawful under Guernsey's Planning Law.

The ability to apply for a CLU provides a route whereby anyone with an unauthorised use once immune from enforcement action can seek to regularise their position, ensuring that such development can be brought under proper planning control.

The Authority has published guidance in the form of Practice Note 13 - Certificates of Lawful Use, which describes the process for obtaining a CLU. A link is provided here.

An application for a CLU must be made on the application form supplied by the Authority and must include the particulars specified in that form.

Both the application form and Practice Note 13 - Certificates of Lawful Use can be downloaded from the States' website at www.gov.gg.

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