Appeal Decision 34 - Certificate of Lawful Development.

The following appeal summary has been written by Steve Speed, and is available on his website www.planningjungle.com

29 October 2009 – 43 Avenue Road, Weymouth, Dorset, DT4 7JJ  

Planning Inspectorate Reference: APP/P1235/X/08/2088195 

Inspector: Phil Grainger 

Weymouth & Portland Borough Council Reference: 08/00560/CLOPUD 

Summary of Case (appeal dismissed): 

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 after 01/10/2008 on the basis that the proposals would not comply with the amended GPDO.

The Inspector concluded that the Council was incorrect.  He stated that “the wording of the Act is quite clear that a decision is to be based on the circumstances at the time that the application is made (though the ability to implement any LDC that is issued may be affected by subsequent changes in circumstances)”.  The Inspector concluded that he has “no discretion in this matter and must determine the appeal on the basis of the GPDO as it existed when the application was made”. 

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) it was incorrect 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 “Contents” 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”]. 

Link to case on Planning Inspectorate website: 

http://www.pcs.planningportal.gov.uk/pcsportal/ViewCase.asp?casename=APP/P1235/X/08/2088195&caseaddress=COO.2036.300.8.549153 

Link to LPA website: 

http://www.weymouth.gov.uk/ 

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Permitted Development information