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Planning appeal decision

Allowed14 March 20223286545

28 Claudius Way, Witham, Essex, CM8 1PY

Planning appeal 3286545 at 28 Claudius Way, Witham, Essex, CM8 1PY (Braintree District Council) was allowed on 14 March 2022 by Inspector Whitfield J, by written representations. The main issue, as the Inspector framed it: Whether the Council's decision to refuse the certificate of lawfulness was well-founded, in particular whether the proposed development would be granted planning permission by Article 3(1) of the Town and Country Planning (General Permitted Development) (England) Order 2015.

to convert the existing garage into a workshop/room with a separate toilet/shower area

Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
other · Householder developments
Inspector
Whitfield J
Postcode
CM8 1PY

Main issues, as the Inspector framed them

  • Whether the Council's decision to refuse the certificate of lawfulness was well-founded, in particular whether the proposed development would be granted planning permission by Article 3(1) of the Town and Country Planning (General Permitted Development) (England) Order 2015

What decided it

The appeal property qualifies as a dwellinghouse under the GPDO definition because it is not a building containing one or more flats or a flat itself, and the proposed garage conversion therefore constitutes permitted development under Class A.

The decision letter

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The main issues, what decided it, the planning balance and the policies and judgments listed as cited are read from the published letter by Town Planner Pro and are our summary, not the Inspector’s words; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.

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