Appeal Decision 240 - Certificate of Lawful Development.

May 2011 - Code a00240

Summary of Case (appeal dismissed): 

The property is a two-storey semi-detached house. Planning permission was granted in 2010 for various works, including a proposed two-storey rear extension, and the rebuilding of part of the main front wall in a further rearward position. At the time of the appeal, these works had been started, but were not substantially complete. The application was for a proposed single storey rear extension, which would be attached to the rear wall of the previously approved two-storey rear extension, and for a proposed front porch, which would be attached to the previously approved new front wall. 

The Inspector stated the following: 

“The proposed single storey rear extension would attach to an element of the extension granted planning permission in February 2010. As that element had not been substantially completed there was nothing to which the single storey extension could be attached to at the time of the LDC application. 

In relation to the proposed porch, it would require the existing front extension to No 15 to be altered in accordance with the scheme granted planning permission in February 2010. As that had not taken place, at the time of the LDC application, the porch could not be constructed. 

In such circumstances, both the proposed porch and single storey rear extension could not possibly be lawful and I cannot grant an LDC.” 

Main Conclusions: 

·       It is not possible to issue a certificate of lawfulness for a proposed extension that would depend on (e.g. be attached to) another extension, where the other extension (which would not be permitted development itself) has been granted planning permission but has not yet been substantially completed.
[Relevant to: “General”].

Links to the “Appeal Decision Notice” and other associated documents (e.g. drawings, etc): 

·       Appeal Decision Notice:
http://planningjungle.com/?s2member_file_download=a00240-Appeal-Decision-Notice.pdf&s2member_skip_confirmation&s2member_file_inline=yes 

·       OS Map and Block Plans:
http://planningjungle.com/?s2member_file_download=a00240-OS-Map-and-Block-Plans.pdf&s2member_skip_confirmation&s2member_file_inline=yes 

·       Drawings showing previously approved PP scheme:
http://planningjungle.com/?s2member_file_download=a00240-Drawings-showing-previously-approved-PP-scheme.pdf&s2member_skip_confirmation&s2member_file_inline=yes 

·       Drawings showing proposed PD scheme in addition to previously approved PP-scheme:
http://planningjungle.com/?s2member_file_download=a00240-Drawings-showing-proposed-PD-scheme-in-addition-to-previously-approved-PP-scheme.pdf&s2member_skip_confirmation&s2member_file_inline=yes 

Download documents and diagrams of useful

Permitted Development information