Appeal Decision 80 - Certificate of Lawful Development.

January 2010 - Code a00080

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 the Council was incorrect, and stated the following: 

Although the application was made on 12 September 2008, shortly before the coming into effect of the amendments to the GPDO on 1 October 20081, the appeal was made, and the application decided in accordance with the amended GPDO. This, I have found, was not correct”. 

The Inspector then assessed the proposals under the previous version of Part 1. 

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 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”].

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

·       Appeal Decision Notice:
http://planningjungle.com/?s2member_file_download=a00080-Appeal-Decision-Notice.pdf&s2member_skip_confirmation&s2member_file_inline=yes 

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Permitted Development information