Appeal Decision 82 - Certificate of Lawful Development.

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

18 January 2010 – 5 Compton Avenue, Wembley, HA0 3FD  

Planning Inspectorate Reference: APP/T5150/X/09/2110659 

Inspector: John Whalley CEng MICE 

London Borough of Brent Reference: 09/0330 

Summary of Case (mixed decisions): 

The application, which was made after 01/10/2008 (on 12/02/2009) was for an existing conservatory and green house, which were built in 2007. 

The Inspector stated the following: 

“Although the application for the LDC was made after the coming into effect of the Town and Country Planning (General Permitted Development) (Amendment) (No. 2) (England) Order 2008 on 1 October 2008, the permitted development rights against which the development must be considered are derived from the GPDO in force at the date of start of works, R J Williams Le Roi v SSE & Salisbury DC [1993] JPL 1033. So the Council were right to apply the 1995 Order to the application.” 

The Inspector then assessed the works against the previous version of Part 1. 

Main Conclusions: 

·       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”]. 

Link to case on Planning Inspectorate website: 

http://www.pcs.planningportal.gov.uk/pcsportal/ViewCase.asp?casename=APP/T5150/X/09/2110659&caseaddress=COO.2036.300.8.2246128 

Link to LPA website: 

www.brent.gov.uk 

Download documents and diagrams of useful

Permitted Development information