Appeal Decision 34 - Certificate of Lawful Development.
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October 2009 - Code a00034
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 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”.
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 “Reference 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”].
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