Original conditions held to apply to outbuildings

An inspector has refused a lawful development certificate for a garage and storeroom at a Welsh home after finding that a condition removing permitted development rights applies.

Permission had been granted for the conversion of the building to residential use in 1991, subject to a condition removing all permitted development rights. In 2004, permission was granted for an extension, subject to a condition removing certain permitted development rights on further extensions and roof alterations.

The appellant argued that the garage and store fell within class E, part 1, schedule 2 of the General Permitted Development Order 1995. He claimed that class E rights were not restricted by the 2004 permission because it had created a new chapter in the site's planning history, effectively removing the original restrictions.

The inspector decided that various court cases cited by the appellant were not directly relevant because they referred to the creation of new retail planning units through subdivision without conditions being reimposed to control the range of goods sold. The 2004 permission applied to the same application area approved in 1991 and no new planning unit had been created, he held, so the original condition removing all permitted development rights still applied.

Inspector: Alwyn Nixon; Written representations


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