Appeal Decision 15 - Certificate of Lawful Development.

August 2009 - Code a00015

Summary of Case (appeal allowed): 

The application was received by the Council prior to 01/10/2008, works had not yet begun by that date, and the Council refused the application after 01/10/2008 on the basis that the proposals would not comply with the amended GPDO. The Council argued that it would not have been logical to issue a certificate stating that the proposal was “permitted development” if it could no longer be implemented as such.

The Inspector concluded that the Council was incorrect. He stated that this is not what the Act says and that the certificate should state what the lawful position was on the date of the application, regardless that such a certificate would not be of any use to the appellant if work commenced after 1 October. 

Main Conclusions: 

·       Where an application was received prior to 01/10/2008, yet determined on or after 01/10/2008 (and the proposed works had not begun by that date) it was incorrect for the LPA to determine the application on the basis of the amended GPDO.
[Note: This would appear to contradict at least one other appeal decision – for further information see the entry in the “Reference Section” on “Applications received prior to 01/10/2008, yet determined on or after 01/10/2008”].
[Relevant to: “Applications received prior to 01/10/2008, yet determined on or after 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=a00015-Appeal-Decision-Notice.pdf&s2member_skip_confirmation&s2member_file_inline=yes 

Download documents and diagrams of useful

Permitted Development information