Appeal Decision 2 - Certificate of Lawful Development.
This appeal decision summary and
assessment has been produced by Planning Jungle Limited. For more information, please go to www.planningjungle.com/?p=20
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 on 01/10/2008 on the basis that the proposals would not comply with the amended GPDO.
The Inspector concluded that
it was correct 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. The Inspector stated that “a
certificate could not be issued by the Council when they came to determine the application because what
determined the lawfulness of the proposed development at the time of the application had materially
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 correct for the LPA to determine the application on the basis of the amended
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
“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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