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Developing clarity - and backed up by minister?

  • Comment

I do not wish to prolong the debate about housebuilder works and permitted development rights, but the letter from Alan Kennedy (AJ 18.10.01) needs to be clarified further.

Firstly, the general permitted development order makes no firm definition relative to the legal extent of a domestic curtilage, nor explains how one is permitted to build (legally or illegally) within or adjacent to it.

A 'certificate of lawfulness' decision, which therefore denies a legal planning right, must therefore be legally suspect and open to challenge if repeated elsewhere by planning authorities or inspectors. Finally, the views of Chris Chope - as a planning minister interpreting law - carry weight with my argument, particularly in view of his own past legal background.

Keith Evans, London EC14

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