Appeal Decision 166 - Certificate of Lawful Development.

December 2010 - Code a00166

Summary of Case (appeal dismissed): 

The application, which was made after 01/10/2008 (in 2010) was for an existing extension, which the appellant claimed was begun before 01/10/2008. 

The Inspector stated the following: 

“If the work on the conservatory commenced before 1 October 2008, it would have been permitted development by virtue of Schedule 2, Part 1, Class A of the Town and Country Planning (General Permitted Development) Order 1995 (GPDO). 

If the work began after 1 October 2008, it would need to be assessed against The Town and Country Planning (General Permitted Development) (Amendment) (No.2) (England) Order 2008. On this basis it would not be permitted development since it would fail to meet the limitation at paragraph A.1(e)(i) of Class A because it extends beyond the rear wall of the original dwellinghouse by more than 3 metres. 

… 

It is an established principle in considering permitted development rights that the relevant date for the determination of whether work is in breach of planning control is the date of commencement of the work – not when it was substantially completed. Thus the permitted development rights against which the development must be considered are derived from the GPDO in force at the date of commencement. 

The position in respect of LDC applications made under section 191 is the same, regardless of the date when the application was made. The question of lawfulness in section 191 appeals is to be considered at the date of the application; but whether, at that date, the development was lawful is still to be assessed against the relevant GPDO at the date the development commenced”. 

The Inspector then concluded that, on the balance of probability, work on the extension commenced after 01/10/2008, and that therefore the extension is not permitted development. 

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=a00166-Appeal-Decision-Notice.pdf&s2member_skip_confirmation&s2member_file_inline=yes 

Download documents and diagrams of useful

Permitted Development information