Successful CLEUD avoids enforcement action against farm diversification

Our client owned an extensive pig farm but had to diversify in order to adapt to a challenging market.  Part of their diversification included converting the various barns and farm buildings into industrial units.

Given the success of this venture, they were keen to start expanding operations and to create a more formal Business Park, providing customised buildings to rent for a wide spectrum of businesses.  As part of this process, it became apparent that there was a historic planning condition on site which meant that some elements of the original diversification were in breach of planning.

Once our client realised the error, they set about trying to rectify the situation, submitting a planning application for a retrospective change of use which was refused.  Upon receipt of the refusal, they approached us to assist.

We are here to help you get CLEUD up!

Given that the planning breach had been in continuous effect for over 10 years we set about preparing a CLEUD application. A CLEUD is a legal determination based on the facts to establish whether the stated use is lawful and therefore beyond the scope of enforcement action – the test of evidence is on the balance of probability rather than the stricter criminal test of beyond reasonable doubt. That is why it is so vital that the evidence submitted is sufficiently compelling and proves continuity.

A crucial part of our role in this project was the meticulous analysis of over 10 years worth of evidence, analysing its viability and role in supporting the application. Given the quantum of evidence, and that decision making for a CLEUD involves no planning judgement, but rather rests on whether the evidence supporting the application is convincing – presentation of the facts in a cogent pack, with a written commentary to support and analyse the evidence was  a key component of preparing a successful application.

We are delighted to have been able to support our client in this and that as a result of our engagement, enforcement action has been avoided and our client can continue in their farm diversification project.

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