Permitted Development England
How to build a
home extension without Planning Permission using your PD rights - Oct. 1st
2008
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Appeal Decision 5 - Certificate of Lawful Development.
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 after 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. In reaching this conclusion, a key factor appears to have been that the proposed extension had not begun prior to 01/10/2008. The Inspector quoted section 194(2) of the TCPA 1990, and added the following emphasis: “the lawfulness of any use or operations for which a certificate is in force …shall be conclusively presumed unless there is a material change, before the use is instituted or the operations are begun, in any of the matters relevant to determining such lawfulness”. The Inspector reasoned 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.
Links to the “Appeal Decision Notice” and other associated documents (e.g. drawings, etc):
· Appeal Decision
Notice:
Download documents and diagrams of useful Permitted Development information
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