Appeal Decision 43 - Certificate of Lawful Development.
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November 2009 - Code a00043
Summary of Case (appeal
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
the decision-maker has to decide what the lawful position was on the date of the application, which in this case
was prior to 01/10/2008.
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”].
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