It might come in

This one will appeal to hoarders.

In dealing with an application for a certificate of lawfulness to confirm that a permitted development extension to a cottage in Yorkshire had been lawfully implemented and could therefore be completed (DCS Number 400-016-702), an inspector explained that in such cases the relevant GPDO is that in force at the time the development was begun. In the case before her the inspector noted that a trench and foundation were dug and installed, respectively, when the Town and Country Planning (General Permitted Development) Order 1995 was in force.

The inspector recorded that:

“S56(2) of the 1990 Act provides that ‘development shall be taken to be begun on the earliest date on which any material operation comprised in the development begins to be carried out’. Where it is claimed that development is permitted by the GPDO, the relevant GPDO will be that in force when the development is begun; Williams Le Roi v SSE & Salisbury DC [1993]”.

The inspector explained that if the GPDO 1995 had permitted the extension, the permission would have been ‘crystallised’ at such a time that ‘material operations comprised in the’ extension were carried out. The foundation had been covered over. Consequently, the inspector found that it was not substantially useable for the extension. Having found that the development was not within the curtilage of the dwellinghouse in any case, she determined that the appeal had to fail.

So whatever you do, don’t clear out all that old permitted development legislation. You never know when it might come in.

The following DCP section is relevant: 4.343

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