Appeal Decision 8 - Certificate of Lawful Development.
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July 2009 -
Summary of Case (appeal
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.
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”].
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· Appeal Decision
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