Appeal Decision 207 - Certificate of Lawful
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February 2011 - Code a00207
Summary of Case (appeal
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
“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.”
Where the submitted drawings are
fundamentally incorrect, a certificate can not be issued.
[Relevant to: “General”].
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