37 Fernihough Close, Weybridge, Surrey, KT13 0UY

the installation of 10 solar panels at the front roof (west facing) of 37 Fernihough Close

Authority: Elmbridge Borough Council
Appeal type: ldc · Lawful Development Certificate
Procedure: Written Representations
Development: utilities-energy · Householder developments
Inspector: Jarratt P

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, in particular depending upon the interpretation of Schedule 2, Part 14 of the Town and Country Planning (General Permitted Development) (England) Order 2015, as amended

What decided it

The lack of clarity in the submitted information regarding the upstand and projection of the solar panels meant the appellant failed to satisfy the burden of proof on the balance of probabilities that the proposed development would have been lawful at the time the application was made.

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