Appeal Decision 49 - Certificate of Lawful Development.
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November 2009 - Code a00056
Summary of Case (appeal
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
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
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”.
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”].
A “Juliette balcony” is
not a “balcony” for the purposes of the GPDO, and therefore is permitted
“Juliette balconies”, A.1(i), B.1(d), E.1(g)].
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