Appeal Decision 82 - Certificate of Lawful Development.

January 2010 - Code a00082

Summary of Case (mixed decisions): 

The application, which was made after 01/10/2008 (on 12/02/2009) was for an existing conservatory and green house, which were built in 2007. 

The Inspector stated the following: 

“Although the application for the LDC was made after the coming into effect of the Town and Country Planning (General Permitted Development) (Amendment) (No. 2) (England) Order 2008 on 1 October 2008, the permitted development rights against which the development must be considered are derived from the GPDO in force at the date of start of works, R J Williams Le Roi v SSE & Salisbury DC [1993] JPL 1033. So the Council were right to apply the 1995 Order to the application.” 

The Inspector then assessed the works against the previous version of Part 1. 

Main Conclusions: 

·       Where an application is received (on or after 01/10/2008) for existing works that were begun prior to 01/10/2008, then these existing works should be assessed against the previous Part 1 of the GPDO.
[Relevant to: “Applications received on or after 01/10/2008 for works that were begun prior to 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=a00082-Appeal-Decision-Notice.pdf&s2member_skip_confirmation&s2member_file_inline=yes 

Download documents and diagrams of useful

Permitted Development information