Appeal Decision 1 - Certificate of Lawful Development.
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April 2009 -
Summary of Case (appeal
The application was received
by the Council prior to 01/10/2008, works had not yet begun by that date, and the Council refused the
application after 01/10/2008 on the basis that the proposals would not comply with the amended
The Inspector concluded that
the Council was incorrect, and instead should have considered whether the proposals would have been permitted
development under the old GPDO. However, the Inspector did then note that a certificate issued in this way would
be of no benefit to the applicant because between the application date and the decision date there would have
been a material change in the matters determining lawfulness.
Furthermore, the application was for a proposed outbuilding which would have been built across the curtilages of
two dwellinghouses. The Inspector stated that such works are not permitted development, on the basis that Class E
refers to “The provision within the curtilage of a dwellinghouse …” (i.e. in the singular). The Inspector added
that “It is not relevant that the two dwellinghouses are in the same ownership”.
· Where an application was received prior to
01/10/2008, yet determined on or after 01/10/2008 (and the proposed works had not begun by that date) it was
incorrect for the LPA to determine the application on the basis of the amended GPDO.
[Note: This would appear to contradict at
least one other appeal decision – for further information see the entry in the “Reference Section” on “Applications
received prior to 01/10/2008, yet determined on or after 01/10/2008”].
[Relevant to: “Applications received prior to 01/10/2008, yet
determined on or after 01/10/2008”].
· An outbuilding built across the curtilages of two
dwellinghouses would not be permitted development.
[Relevant to: A.1(e), A.1(f), A.2(c)].
Links to the “Appeal Decision
Notice” and other associated documents (e.g. drawings, etc):
· Appeal Decision
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