Appeal Decision 82 - Certificate of Lawful Development.
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January 2010 - Code a00082
Summary of Case (mixed
The application, which was
made after 01/10/2008 (on 12/02/2009) was for an existing conservatory and green house, which were built
The Inspector stated the
“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  JPL 1033. So the Council were right to apply the 1995 Order to the
The Inspector then assessed
the works against the previous version of Part 1.
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”].
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