Appeal Decision 2 - Certificate of Lawful Development.

April 2009 - Code a00002

Summary of Case (appeal dismissed):

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 on 01/10/2008 on the basis that the proposals would not comply with the amended GPDO.

The Inspector concluded that it was correct for the LPA to assess the application on the basis of the amended GPDO, despite the fact that it was received prior to 01/10/2008.  The Inspector stated that “a certificate could not be issued by the Council when they came to determine the application because what determined the lawfulness of the proposed development at the time of the application had materially changed”.

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 correct 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=a00002-Appeal-Decision-Notice.pdf&s2member_skip_confirmation&s2member_file_inline=yes