Appeal Decision 45 - Certificate of Lawful Development.
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November 2009 - Code a00045
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 Inspector concluded that the Council was incorrect, and stated the
“… the appellant is
correct in his grounds of appeal that the Council should have determined the application in accordance with the
relevant provisions of the Town and Country Planning (General Permitted Development) Order 1995 (GPDO) that were
in force on the date of the application”.
The Inspector also added the
“I say that this case is
unfortunate because the appellant was obviously under the mistaken impression that the previous permitted
development rights would have been preserved had a LDC been issued. That was not the case and so, by pursuing
the appeal, he has wasted more than a year when he could either have revised his proposals in line with the GPDO
amendments or sought planning permission for what he originally proposed. I can only offer my sympathy and
regret that he has had to wait for this decision for that to be explained to him”.
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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