The Part 1 of the GPDO - GENERAL Appeal Decisions document has been updated to include 1 additional appeal decision relating to householder permitted development legislation, for which the conclusions are as follows:
June 2021 - Code a01315 (appeal dismissed):
- This appeal decision provides an example of where the Inspector concluded that a larger rear extension subject of an application for an LDC is not in accordance with the details that were approved (or submitted) during the prior approval process.
[Quote: “As well as the description of the proposed development that the Council needs to share with neighbours, the developer must also submit (among other matters) a plan indicating the site and showing the proposed development. This was done here, but the plan ‘showing the proposed development’ shows a rather different development from that for which the certificate is now sought. The development for which a certificate is now sought includes the addition of a window in the side elevation which was not shown on the application plans for P/0920/20/PRIOR. That is not necessarily fatal, because paragraph A.4(11) allows for some variation to the details when the development is carried out. Where, as here, the Council has determined that prior approval is not required, the Council and the developer may agree that the development when constructed can depart from the details previously supplied. However any such variation does require the agreement of the local planning authority. There is no evidence before me to suggest that the Council have agreed to depart from the details shown on the application plan for P/0920/20/PRIOR, or had reached any such agreement on or before 13 August 2020, being the date of the lawful development certificate application. Although it may be that the neighbour has no objection to the addition of the window, I nonetheless consider that its inclusion amounts to a materially different development from that previously considered by the Council. Thus it follows that to construct the development in accordance with the current application plans would be to develop in breach of the condition of A.4(11)(b) of part 1 of Schedule 2 to the Order. Therefore the development for which a certificate is sought would not be authorised by the Order, and therefore cannot be certified as development that would have been lawful on the relevant date.”].
- To view the conclusions, full summaries, and decision notices for any of the above appeals, please view the Part 1 of the GPDO - GENERAL Appeal Decisions document. As a member of the Planning Jungle website, you can view the decision notices for all of the appeals within the above document for no extra cost.
- Any of the above conclusions marked with a "(*)" contradict other appeal decisions. The "Reference Section" within the above document indicates how many appeals have supported and contradicted each particular conclusion.