4 Blythe View , Lichfield Road, RUGELEY, WS15 3QG

access and driveway works

Authority: Lichfield District Council
Appeal type: ldc · Lawful Development Certificate
Procedure: Written Representations
Development: other · Other minor developments
Inspector: Savage M

Main issues, as the Inspector framed them

Whether the Council's decision to refuse the application was well founded, turning on whether the works are granted planning permission by the Town and Country Planning (General Permitted Development)(England) Order 2015 (as amended)

What decided it

The excavation and regrading of the site constituted a separate activity of substance requiring its own planning permission and was not incidental to the provision of a hard surface or formation of access under the GPDO.

Judgments cited: Wycombe DC v Secretary of State for the Environment [1995] JPL 223; Eatherley v London Borough of Camden [2016] EWHC 3108 (Admin)

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