Certificate of Lawful Development Appeal Decisions by category of development.

The Town and Country Planning (General Permitted Development) Order 1995
Part 1 (as amended on 1 October 2008) 

Conditions

·      

·       A certificate of lawful development should be refused if the applicant has not demonstrated full compliance with all of the conditions of the Class. 
[Note: This contradicts several entries below].
[Source: September 2009 - Code a00027].
[Source: January 2010 - Code a00074].
[Source: January 2010 - Code a00077].
[Source: March 2010 - Code a00108].
[Source: July 2010 - Code a00129].
[Source: April 2011 - Code a00232].
[Source: May 2011 - Code a00241].
[Source: June 2011 - Code a00247].  

·       For example, if new side windows at an upper level are not shown as obscure glazed and non-opening, then the application should be refused.
[Note: This contradicts several entries below].
[Source: September 2009 - Code a00027].
[Source: January 2010 - Code a00074].
[Source: January 2010 - Code a00077].
[Source: July 2010 - Code a00129]. 

·       For example, if an applicant does not specify what materials would be used for a proposed extension, then the application should be refused.
[Note: This contradicts several entries below].
[Source: March 2010 - Code a00108].
[Source: July 2010 - Code a00129].
[Source: April 2011 - Code a00232].
[Source: May 2011 - Code a00241].
[Source: June 2011 - Code a00247]. 

·       A certificate of lawful development should be issued even if the applicant has not demonstrated full compliance with all of the conditions of the Class, so long as it would be possible for the conditions to be met.
[Note: This contradicts several entries above].
[Source: December 2009 - Code a00067].
[Source: February 2010 - Code a00091].
[Source: February 2010 - Code a00100].
[Source: April 2011 - Code a00235]. 

·       For example, if new side windows at an upper level are not shown as obscure glazed and non-opening, then a certificate should be issued because this condition could still be met.  Should the development proceed without complying with a condition, it would then be open to the Council to take enforcement action against it.
[Note: This contradicts several entries above].
[Source: February 2010 - Code a00091].
[Source: April 2011 - Code a00235].

 

·       For example, if an applicant simply states that “tiles” would be used for a proposed dormer, without demonstrating that these tiles would be “of a similar appearance” to the materials on the existing house, then a certificate should be issued because this condition could still be met.  Should the development proceed without complying with a condition, it would then be open to the Council to take enforcement action against it.
[Note: This contradicts several entries above].
[Source: December 2009 - Code a00067]. 

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