Appeal Decision 80 - Certificate of Lawful Development.

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

15 January 2010 – 46 Kestrel Avenue, London, SE24 0EB  

Planning Inspectorate Reference: APP/N5660/X/09/2094040 

Inspector: John Parnell 

London Borough of Lambeth Reference: 08/03601/LDCP 

Summary of Case (appeal dismissed): 

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 following: 

Although the application was made on 12 September 2008, shortly before the coming into effect of the amendments to the GPDO on 1 October 20081, the appeal was made, and the application decided in accordance with the amended GPDO. This, I have found, was not correct”. 

The Inspector then assessed the proposals under the previous version of Part 1. 

Main Conclusions: 

·       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 “Contents” 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”]. 

Link to case on Planning Inspectorate website: 

http://www.pcs.planningportal.gov.uk/pcsportal/ViewCase.asp?casename=APP/N5660/X/09/2094040&caseaddress=COO.2036.300.8.992439 

Link to LPA website: 

www.lambeth.gov.uk 

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Permitted Development information