Appeal Decision 75 - Certificate of Lawful Development.
This appeal decision summary and
assessment has been produced by Planning Jungle Limited. For more information, please go to www.planningjungle.com/?p=20
January 2010 - Code a00075
Summary of Case (appeal
The application, which was
made after 01/10/2008 (on 09/04/2009), was for an existing single storey rear conservatory, which was
built in 2003.
The Council said the existing
single storey rear extension was unlawful because it did not comply with the requirements of Schedule 2, Part 1,
Class A of the Town and Country Planning (General Permitted Development) (Amendment) (No. 2) (England) Order
2008, (GPDO), which came into force on 1 October 2008. This was on the basis that the extension projects more
than 3m from the rear wall of the original house.
The Inspector stated the
“… It is an established
principle in considering permitted development rights that the relevant date for the determination of whether
work is in breach of planning control is the date of commencement of the work.
Thus the permitted
development rights against which the development must be considered are derived from the GPDO in force at the
date of commencement, R J
Williams Le Roi v SSE & Salisbury DC  JPL 1033. Changes in the GPDO do not apply
The position in respect of
LDC applications made under s.191 is the same, regardless of the date when the application was made. The
question of lawfulness is to be considered at the date of the application but whether, at that date, the
development was lawful is still to be assessed against the relevant GPDO at the date the development
commenced. The Council should therefore have considered the application against Schedule 2, Part 1, Class A
of the previous Town and Country Planning (General Permitted Development) Order 1995.
The Inspector then dismissed
the appeal, firstly because the volume of the extension exceed the limitations of the previous Class A, and
secondly because this particular application constituted a contravention of a requirement of an enforcement
notice in force at the time of the application.
Where an application is received
(on or after 01/10/2008) for existing works that were begun prior to 01/10/2008, then these existing works
should be assessed against the previous Part 1 of the GPDO.
[Relevant to: “Applications received on or after
01/10/2008 for works that were begun prior to 01/10/2008”].
Links to the “Appeal
Decision Notice” and other associated documents (e.g. drawings, etc):
Download documents and diagrams of