Appeal Decision 15 - Certificate of Lawful Development.

4 August 2009 – 25 Ladbroke Square, London, W12 3NB

Planning Inspectorate Reference: APP/K5600/X/08/2091925

The Royal Borough of Kensington & Chelsea Reference: CL/08/02583/Q26

Summary of Case (appeal allowed):

·      The application was received by the Council before 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 GPDO.  The Council argued that it would not have been logical to issue a certificate stating that the proposal was ‘permitted development’ if it could no longer be implemented as such.

The Inspector concluded that the Council was incorrect.  He stated that this is not what the Act says and that the certificate should state what the lawful position was on the date of the application, regardless that such a certificate would not be of any use to the appellant if work commenced after 1 October.

Main Conclusion:

·      Where an application was received before 01/10/2008, yet determined on or after 01/10/2008 (and the proposed works had not been 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 the appeal decision dated 28 July 2009 for 66 Marlborough Avenue, the appeal decision dated 29 April 2009 for 30 Ferncroft Avenue, and the appeal decision dated 18 May 2009 for 9 Eastholme).

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