Appeal Decision 43 - Certificate of Lawful Development.

November 2009 - Code a00043

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 “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”].

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

·       Appeal Decision Notice:
http://planningjungle.com/?s2member_file_download=a00043-Appeal-Decision-Notice.pdf&s2member_skip_confirmation&s2member_file_inline=yes 

Download documents and diagrams of useful

Permitted Development information