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Certificate of lawfulness appeal allowed with costs

DATE: 26 Jan 2012

Robert Walton acted for Galaxy Ltd on an appeal against Reigate and Banstead Borough Council's decision to refuse Galaxy's application for a certificate of lawfulness. The Council agreed that the proposed development (a garage and a new access) met all the relevant permitted development tolerances under Class E of the Permitted Development Order but argued that the development was not incidental to the enjoyment of the existing dwelling as it was (the Council argued) designed to be used in connection with a second house on the site (for which planning permission had recently been refused but which Galaxy still wanted to pursue). The Inspector upheld the appeal and awarded costs against the Council. PINs ref APP/L3625/X/11/2154708.