Appeal Decision 8 - Certificate of Lawful Development.

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

1 July 2009 – 80 Hermitage Road, Upper Norwood, London SE19 3JS  

Planning Inspectorate Reference: APP/L5240/X/09/2099225 

London Borough of Croydon Reference: 08/03063/LP 

Summary of Case (appeal allowed): 

·       The application was received by the Council before 01/10/2008, works had 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 instead should have considered whether the proposals would have been permitted development under the old GPDO.  

Main Conclusion: 

·      Where an application was received before 01/10/2008 (and works had begun by that date), yet determined on or after 01/10/2008 it was incorrect for the LPA to determine the application on the basis of the amended GPDO. 

Link to case on Planning Inspectorate website: 

http://www.pcs.planningportal.gov.uk/pcsportal/ViewCase.asp?casename=APP/L5240/X/09/2099225&caseaddress=COO.2036.300.8.1346956