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

General

·       Where an applicant submits contradictory information (for example, where one drawing indicates that a particular limitation or condition would be met, but another drawing indicates that the same limitation or condition would not be met) then the application should be refused.
[Source: 17 November 2009 – 14 Fairfax Road].
[Source: 15 April 2010 – Field Bank Farm, Withinlee Road].  

·       Where there is a discrepancy on a drawing between annotated dimensions and those produced from scaling, the annotated dimensions have precedence.
[Source: 26 May 2010 – 53 Chillerton Road].  

·       It is not possible as a single operation to erect an extension where part of it has been granted planning permission by the Council and the other part is permitted development.
[Source: 2 February 2010 – 204 St Mary’s Road]. 

·       Permitted development rights do not apply to an unauthorised, unlawful structure.
[Source: 1 February 2010 – 136 Wood Lane].

 

·       Where an application is made for a ground floor extension and a roof extension (i.e. separate extensions, but submitted as part of one application), then a certificate can not be issued because the roof extension would not fall within Class A, and the ground floor extension would not fall within any other Class.
[Note: In my opinion, the above conclusion is highly questionable, because it would appear to be contrary to many years of standard practice by LPAs and other Inspectors].
[Source: 26 August 2009 – 100 St Margarets Grove]. 

·       In an application for a certificate of lawfulness, the burden of proof is firmly on the applicant.
[Source: 22 October 2009 – 39 Pinkwell Lane].
[Source: 5 November 2009 – 29 Albany Road].
[Source: 17 November 2009 – 14 Fairfax Road].
[Source: 13 January 2010 – 133 Gurney Court Road].
[Source: 2 February 2010 – 204 St Mary’s Road].
[Source: 22 March 2010 – 32 Mays Road].
[Source: 12 May 2010 – 20 Grosvenor Vale]. 

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Permitted Development information