Appeal Decision 90 - Certificate of Lawful Development.
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February 2010 - Code a00090
Summary of Case (appeal
The application, which was
made after 01/10/2008 (on 07/05/2009) was for an existing outbuilding.
The main focus of this appeal
decision was whether work began before 01/10/2010. The Inspector considered the evidence, and concluded that on
the balance of probabilities it had. The paragraph of this appeal decision that is more generally applicable is
“It is an established
principle in considering permitted development rights that the relevant date for determination of whether work
is in breach of planning control is the date of commencement of the work. Thus, the permitted development
rights against which the development here must be considered derive from the General Permitted Development
Order (‘GPDO’) in force at the date of commencement. Changes in the GPDO do not apply
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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