Appeal Decision 8 - Certificate of Lawful Development.

July 2009 - Code a00008  

Summary of Case (appeal allowed): 

The application was received by the Council prior to 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 Conclusions: 

·       Where an application was received prior to 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.
[Relevant to: “Applications received prior to 01/10/2008, yet determined on or after 01/10/2008”]. 

Links to the “Appeal Decision Notice” and other associated documents (e.g. drawings, etc): 

·       Appeal Decision Notice:
http://planningjungle.com/?s2member_file_download=a00008-Appeal-Decision-Notice.pdf&s2member_skip_confirmation&s2member_file_inline=yes