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Allowed27 June 20223294828

26 Eden Avenue, Wakefield, WF2 9DJ

Planning appeal 3294828 at 26 Eden Avenue, Wakefield, WF2 9DJ (Wakefield Metropolitan District Council) was allowed on 27 June 2022 by Inspector Willows P, by written representations. The main issue, as the Inspector framed it: 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.

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
Postcode
WF2 9DJ

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.

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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