Appeal Decision 207 - Certificate of Lawful Development.

February 2011 - Code a00207

Summary of Case (appeal dismissed): 

The property is a two-storey mid-terrace house, with an original two-storey rear projection. The application was for a proposed “L”-shaped dormer, which would have been across both the rear roof of the main part of the house as well as the side roof of the original two-storey rear projection. 

However, it should be noted that whilst the original two-storey rear projection is on the northern side of the rear elevation (as shown on the submitted OS map and most of the drawings), the submitted drawing 05 shows the original two-storey rear projection on the southern side of the rear elevation. 

The Inspector stated the following: 

“Drawing No. 05 ‘Existing and Proposed Side (A and B) Elevations’, prepared and submitted on behalf of the appellant, is fundamentally incorrect. It shows the elevations in mirror image. Even if I was minded to do so I could not approve the application on the basis of this plan because it shows development that does not exist and so the dormers could not be built as shown. As such the proposed dormers cannot be development permitted by the Town and Country Planning (General Permitted Development) Order 1995. Trying to issue a certificate on this basis would, in any event, have no effect because it would not be lawful. 

It was agreed by the Council at the site visit that Drawing No. 05 is incorrect although it is not clear, in the circumstances, why the Council proceeded to determine an application for a development that could not be constructed as shown on the plans before it.” 

Main Conclusions: 

·       Where the submitted drawings are fundamentally incorrect, a certificate can not be issued.
[Relevant to: “General”].

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

·       Appeal Decision Notice:
http://planningjungle.com/?s2member_file_download=a00207-Appeal-Decision-Notice.pdf&s2member_skip_confirmation&s2member_file_inline=yes 

·       OS Map:
http://planningjungle.com/?s2member_file_download=a00207-OS-Map.pdf&s2member_skip_confirmation&s2member_file_inline=yes 

·       Drawings:
http://planningjungle.com/?s2member_file_download=a00207-Drawings.pdf&s2member_skip_confirmation&s2member_file_inline=yes 

Download documents and diagrams of useful

Permitted Development information