enforcement notice does not stop certificate of lawfulness being granted for a replacement unit in curtilage
An appeal was made and succeeded against a refusal by the Council of the London Borough of Newham to grant a lawful development certificate Ref: APP/G5750/X/17/3176705.
The original application Ref: 17/00882/CPL was refused on 6 April 2017 for construction of new outbuilding in the rear garden.
The application took the form of a CLOPUD (Certificate of Lawfulness for a Proposed Use or Development), however the proposal was for a new building to be constructed in place of an existing one of similar design that was subject to an enforcement order. The scheme took a form then of 'once we've been made to remove this building, would we be entitled to put another one up basically the same as the one you made us remove?'
This seems to have been somewhat of a tongue-in-cheek application, and the Council responded that they applicant should not be allowed to put up another building that was similar to the one they were trying to remove.
The Inspector commented that the Council was 'confused' in their approach and overturned their decision, granting the applicant his certificate of lawfulness.
Once again, just because a council does not want to see something built or sited, it does not give them a right to resist permitted rights afforded to a householder.