Appeal Decision 49 - Certificate of Lawful Development.

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

26 November 2009 – 25 Minster Road, Oxford, OX4 1LY  

Planning Inspectorate Reference: APP/G3110/X/09/2104901 

Inspector: P N Jarratt BA (Hons) DipTP MRTPI 

Oxford City Council Reference: 08/02008/CPU 

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 Inspector concluded that the Council was incorrect, and stated the following: 

The question of lawfulness is to be considered at the date of the application.  This was made prior to the Town and Country Planning (General Permitted Development) (Amendment) (No. 2) (England) Order 2008 which came into effect on 1 October 2008. I have therefore determined the appeal on the basis of the regulations as they existed at the time of the application.  An LDC does no more than certify the position at the date of the application. Subsequent amendment to the GPDO prior to the commencement of a proposed development requires the question of lawfulness to be reconsidered”. 

Furthermore, although the Inspector noted that he was not assessing the proposals under the amended Part 1, he added the comment that, in his view, a “Juliet balcony would not … constitute a balcony that Class B.1(d)(i) seeks to preclude from being permitted development”. 

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”]. 

·       A “Juliette balcony” is not a “balcony” for the purposes of the GPDO, and therefore is permitted development.
[Relevant to: A.1(i), B.1(d), E.1(g)]. 

Link to case on Planning Inspectorate website: 

http://www.pcs.planningportal.gov.uk/pcsportal/ViewCase.asp?casename=APP/G3110/X/09/2104901&caseaddress=COO.2036.300.8.1785089 

Link to LPA website: 

http://oxford.gov.uk 

Download documents and diagrams of useful

Permitted Development information