Appeal Decision 80 - Certificate of Lawful Development.
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January 2010 - Code a00080
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
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.
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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