Certificate of Lawful Development Appeal Decisions by category of development.

The Town and Country Planning (General Permitted Development) Order 1995
Part 1 (as amended on 1 October 2008) 

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

Conditions

·       A certificate of lawful development should be refused if the applicant has not demonstrated full compliance with all of the conditions of the Class. 
[Note: This contradicts several entries below].
[Source: 23 September 2009 – 71 Ashgrove Road].
[Source: 13 January 2010 – 133 Gurney Court Road].
[Source: 13 January 2010 – 150 Castle Road].
[Source: 10 March 2010 – 249 High Street].  

·       For example, if new side windows at an upper level are not shown as obscure glazed and non-opening, then the application should be refused.
[Note: This contradicts several entries below].
[Source: 23 September 2009 – 71 Ashgrove Road].
[Source: 13 January 2010 – 133 Gurney Court Road].
[Source: 13 January 2010 – 150 Castle Road]. 

·       For example, if an applicant does not specify what materials would be used for a proposed extension, then the application should be refused.
[Note: This contradicts several entries below].
[Source: 10 March 2010 – 249 High Street]. 

·       A certificate of lawful development should be issued even if the applicant has not demonstrated full compliance with all of the conditions of the Class, so long as it would be possible for the conditions to be met.
[Note: This contradicts several entries above].
[Source: 22 December 2009 – 2a Willoughby Road].
[Source: 1 February 2010 – 36 Ladysmith Road].
[Source: 12 February 2010 – 153 Costons Lane]. 

·       For example, if new side windows at an upper level are not shown as obscure glazed and non-opening, then a certificate should be issued because this condition could still be met.  Should the development proceed without complying with a condition, it would then be open to the Council to take enforcement action against it.
[Note: This contradicts several entries above].
[Source: 1 February 2010 – 36 Ladysmith Road].

 

·       For example, if an applicant simply states that “tiles” would be used for a proposed dormer, without demonstrating that these tiles would be “of a similar appearance” to the materials on the existing house, then a certificate should be issued because this condition could still be met.  Should the development proceed without complying with a condition, it would then be open to the Council to take enforcement action against it.
[Note: This contradicts several entries above].
[Source: 22 December 2009 – 2a Willoughby Road]. 

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Permitted Development information