Russell-Cooke secures CLEUD approval for mobile home conversion in West Sussex

A CLEUD retrospectively authorises a previously unauthorised development or confirms that a development was undertaken in accordance with an approved planning permission.  A CLEUD legally confirms that an existing building and/or use is lawful and it prevents any enforcement action being taken by the local authority. 

A previously unauthorised development and/or use qualifies for a CLEUD if it can be demonstrated that it has been in place for a specified period of time (four or 10 years depending on the circumstances). Once immunity from enforcement action has been obtained, including by way of a CLEUD, it can only be lost by abandonment of the property, the creation of a new planning unit, or a material change of use. 

The four year and 10-year rules relate to a local authority’s time limits for taking enforcement action against a particular development and/or use. They are also the time periods that are relevant for CLEUD applications. 
Until recently, dwelling houses and operational development gained immunity from enforcement after four years (the four-year rule) whereas as uses of land must have been undertaken for a continuous period of 10 years in order to become immune (the 10-year rule).   

The Levelling Up and Regeneration Act 2023 abolished the four-year rule for buildings and operational development in favour of the 10-year rule. However, the transitional provisions provide that breaches that occurred prior to 25 April 2024 will still benefit from the four-year rule if it would have applied at the time.  

The application site consists of two structures that were formerly mobile homes but that are now used for permanent residential accommodation. In 2018 works were completed to transform the mobile homes and to enable their permanent use as residential accommodation. 

The principal issue for the application was whether a four-year or 10-year immunity period applied, and this turned on the permanence and construction of the two structures. The decision records that the “four-year rule would only operate if the size or degree of attachment to the land gave it the characteristics of permanency and the homes no longer met the definition of a caravan.” The applicant did not have evidence to prove continuous residential use of the units for a period of 10 years; meaning the CLEUD application would fail if the 10-year rule applied. 

The initial application, dated 24 June 2024, was refused on the basis that the units did not appear to be permanently attached to the land and would only require minimal alteration to be moved. Photographic evidence from 2018 showed that both homes clearly had axels and were sitting on concrete pads. Furthermore, all of the supporting information provided in connection with the previous application referred to mobile homes and not dwelling houses. The Council Officer applied the 10-year rule and refused the CLEUD application. 

The applicant, with the help of planning consultants, structural engineers and the Russell-Cooke planning team, resubmitted the application on 30 September 2024 addressing the issues raised by the Council Officer. Structural survey reports and letters in support were provided to demonstrate that the structures were permanent and could no longer be considered mobile homes. The Council’s structural engineer agreed with the applicant’s expert reports that the structures were more permanent and that they could not be removed without significant reinstatement and strengthening works.  The Council Officer was satisfied on the evidence that the units benefited from the four-year rule.  

Alongside the resubmitted application, a more comprehensive suite of evidence and analysis (including letters of support, Statutory Declarations, gas safety certificates and receipts, photos) was also provided to demonstrate continuous occupation of the units as wholly independent dwellings since 2018.  

The Russell-Cooke planning team was delighted to assist the applicant with its CLEUD application. If you are seeking immunity for unauthorised development and/or use, it is important to clearly and comprehensively demonstrate when the development was completed and/or that a particular use has been undertaken continuously for the required period. In the context of mobile home conversion, it is also critical to demonstrate that the structures have become permanent in order to benefit from the four-year rule (if the conversion took place prior to 25 April 2024). 

Alex Ground is a partner in the real estate, planning and construction team, advising developers, landowners and private individuals on the full range of planning law issues. Annabelle Lee is an associate in the same team, advising clients on a broad range of environmental and planning law issues.