Appeal Decision 90 - Certificate of Lawful Development.

February 2010 - Code a00090

Summary of Case (appeal allowed): 

The application, which was made after 01/10/2008 (on 07/05/2009) was for an existing outbuilding. 

The main focus of this appeal decision was whether work began before 01/10/2010. The Inspector considered the evidence, and concluded that on the balance of probabilities it had. The paragraph of this appeal decision that is more generally applicable is the following: 

“It is an established principle in considering permitted development rights that the relevant date for determination of whether work is in breach of planning control is the date of commencement of the work. Thus, the permitted development rights against which the development here must be considered derive from the General Permitted Development Order (‘GPDO’) in force at the date of commencement. Changes in the GPDO do not apply retrospectively.” 

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=a00090-Appeal-Decision-Notice.pdf&s2member_skip_confirmation&s2member_file_inline=yes 

Download documents and diagrams of useful

Permitted Development information