Appeal Decision 86 - Certificate of Lawful Development.

January 2010 - Code a00086  

Summary of Case (appeal dismissed): 

The application, which was made after 01/10/2008 (in 2009) was for an existing single storey rear extension, which was begun before 01/10/2008. 

The Inspector stated the following: 

“This appeal concerns the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (the "GPDO"). Amendments to the GPDO came into effect in October 2008, but the disputed development was evidently begun before then, so the pre-October 2008 GPDO applies. The building work may not have been completed until after the beginning of October 2008 but that does not matter - it is the start date which is important in deciding which legislation applies”. 

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”]. 

·       The above conclusion applies regardless of when the works were substantially completed.  In other words, 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 (even if they were substantially completed on or after 01/10/2008) 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”].

 

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

·       Appeal Decision Notice:
http://planningjungle.com/?s2member_file_download=a00086-Appeal-Decision-Notice.pdf&s2member_skip_confirmation&s2member_file_inline=yes 

Download documents and diagrams of useful

Permitted Development information