Appeal Decision 13 - Certificate of Lawful Development.

July 2009 - Code a00013  

Summary of Case (appeal dismissed): 

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. 

Main Conclusions: 

·       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 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”]. 

Links to the “Appeal Decision Notice” and other associated documents (e.g. drawings, etc): 

·       Appeal Decision Notice:
http://planningjungle.com/?s2member_file_download=a00013-Appeal-Decision-Notice.pdf&s2member_skip_confirmation&s2member_file_inline=yes 

·       Drawings:
http://planningjungle.com/?s2member_file_download=a00013-Drawings.pdf&s2member_skip_confirmation&s2member_file_inline=yes