26 Eden Avenue, WAKEFIELD, WF2 9DJ

a single storey rear extension

Authority: Wakefield Metropolitan District Council
Appeal type: ldc · Lawful Development Certificate
Procedure: Written Representations
Development: residential · Householder developments
Inspector: Willows P

Main issues, as the Inspector framed them

Whether the Council's decision to refuse to issue a certificate of lawful use or development was well-founded, turning on whether the existing rear ground floor wall of the house is 'original' for the purpose of applying The Town and Country Planning (General Permitted Development) (England) Order 2015

What decided it

The balance of evidence, particularly the 1976 building plan and the presence of black ash mortar consistent with 1930s construction, demonstrated that the full-width ground floor rear element was in place by 1 July 1948, thereby satisfying the permitted development requirements.

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