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Dismissed28 March 20233286883

Poplar Cottage, Nosterfield End, Shudy, Cambridgeshire, CB21 4TE

Planning appeal 3286883 at Poplar Cottage, Nosterfield End, Shudy, Cambridgeshire, CB21 4TE (South Cambridgeshire District Council) was dismissed on 28 March 2023 by Inspector Bond V, by written representations. The main issue, as the Inspector framed it: Whether the Council's decision to refuse to grant a certificate of lawful use or development was well-founded, turning on whether the extension was lawful as at the date of the LDC application.

described as ‘Single storey rear kitchen extension to detached house. Work completed June 2017. Distance from back wall of 'original' house to new back wall is 5.25m. Height of apex is 3.8m, height of eaves is 2.5m. Internal extension space is c. 5m x 5m (25m sq). House prior to extension is c. 200m sq (extension is 12.5% of previously existing living area)

Authority
South Cambridgeshire District Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
residential · Householder developments
Inspector
Bond V
Postcode
CB21 4TE

Main issues, as the Inspector framed them

  • Whether the Council's decision to refuse to grant a certificate of lawful use or development was well-founded, turning on whether the extension was lawful as at the date of the LDC application

What decided it

The appellant failed to demonstrate on the balance of probability that the required plans were attached to the 18 April 2017 email submission, and works commenced before any 42-day deemed approval period could have expired, meaning the extension was not lawful by permitted development and remained subject to enforcement action as at the LDC application date.

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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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