Appeal Decision 43 - Certificate of Lawful Development.

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

17 November 2009 – 118 Hambalt Road, London, SW4 9EJ  

Planning Inspectorate Reference: APP/N5660/X/09/2102575 

Inspector: John Parnell 

London Borough of Lambeth Reference: 08/03275/LDCP 

Summary of Case (appeal allowed): 

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 Council argued that it would not have been logical to issue a certificate stating that the proposal was “permitted development” if it could no longer be implemented as such.

The Inspector concluded that the Council was incorrect.  He stated that the decision-maker has to decide what the lawful position was on the date of the application, which in this case was prior to 01/10/2008. 

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/N5660/X/09/2102575&caseaddress=COO.2036.300.8.1586856 

Link to LPA website: 

http://www.lambeth.gov.uk 

Download documents and diagrams of useful

Permitted Development information