Appeal Decision 45 - Certificate of Lawful Development.

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

20 November 2009 – 25 North Way, London, NW9 0RD  

Planning Inspectorate Reference: APP/T5150/X/09/2104254 

Inspector: David Pinner BSc (Hons) DipTP MRTPI 

London Borough of Brent Reference: 08/2698 

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, and stated the following: 

“… the appellant is correct in his grounds of appeal that the Council should have determined the application in accordance with the relevant provisions of the Town and Country Planning (General Permitted Development) Order 1995 (GPDO) that were in force on the date of the application”. 

The Inspector also added the following: 

“I say that this case is unfortunate because the appellant was obviously under the mistaken impression that the previous permitted development rights would have been preserved had a LDC been issued. That was not the case and so, by pursuing the appeal, he has wasted more than a year when he could either have revised his proposals in line with the GPDO amendments or sought planning permission for what he originally proposed. I can only offer my sympathy and regret that he has had to wait for this decision for that to be explained to him”. 

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/T5150/X/09/2104254&caseaddress=COO.2036.300.8.1729903 

Link to LPA website: 

http://www.brent.gov.uk 

Download documents and diagrams of useful

Permitted Development information