Permitted Development England
How to build a
home extension without Planning Permission using your PD rights - Oct. 1st
2008
|
|||||||||
Appeal Decision 45 - Certificate of Lawful Development.
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 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.
Links to the “Appeal Decision Notice” and other associated documents (e.g. drawings, etc):
·
Appeal Decision
Notice:
Download documents and diagrams of useful Permitted Development information
| |||||||||
|
©2020 - Christopher Hunt :: This page
last updated: :: 