Appeal Decision 13 - Certificate of Lawful Development.
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assessment has been produced by Planning Jungle Limited. For more information, please go to www.planningjungle.com/?p=20
July 2009 -
Summary of Case (appeal
The application was received
by the Council prior to 01/10/2008 (on 29/09/2008), it was assumed in the appeal that 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 GPDO. The Council argued that to have
granted an LDC for what would effectively have been a 1 day period (which had passed) would not have made sense,
and that they had therefore taken a practical approach.
The Inspector pointed out that, by strict adherence to procedure, the Council could have issued an LDC stating
that, on the date of the application, the works would have been lawful, but then drawn attention to the effect of
changes to the General Permitted Development Order 1995, thereby pointing out that if the development had not
started before 1 October 2008 then it would not be lawful. However,
the Inspector stated that he could understand why the Council adopted their position, and concluded that it was
“reasonable” for the LPA to assess the application on the basis of the amended GPDO, despite the fact that it was
received prior to 01/10/2008.
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), although it would have been correct for LPA to have determined the application on the basis of
the previous GPDO, it was also reasonable for the LPA to determine the application on the basis of the
[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”].
Links to the “Appeal Decision
Notice” and other associated documents (e.g. drawings, etc):
· Appeal Decision
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