“Part 1 of the GPDO – Appeal Decision Summaries” – 1 additional appeal decision (total = 322) …

The Part 1 of the GPDO - GENERAL Appeal Decisions document has been updated to include 1 additional appeal decision relating to householder permitted development legislation, for which the conclusions are as follows:

June 2012 - Code a00322 (appeal allowed):

  • The term “highway” means a way over which members of the public have the right to pass and repass.
  • Furthermore, where the only group of people who have the right to pass and repass are the residents and visitors of a group of properties, then this does not satisfy the above reference to “members of the public”.
  • For the purposes of the 01/10/2008-14/04/2015 versions of Part 1 of the GPDO, the term “highway” can apply to a cul-de-sac.
  • For the purposes of the 01/10/2008-14/04/2015 versions of Part 1 of the GPDO, the term “highway” can apply to an unadopted road (i.e. a “private” road that’s not maintainable at the public expense).
  • A way can be expressly dedicated as a “highway” by various statutory means, including by construction, agreement, declaration or order.
  • A way can be deemed to have been dedicated as a “highway” in certain situations (i.e. where it has been enjoyed by the public as of right and without interruption for a period of 20 years, subject to certain exceptions).
  • For the purposes of the 01/10/2008-14/04/2015 versions of Part 1 of the GPDO, this appeal decision provides an example of where it was concluded that a particular way or piece of land is not a “highway”.

Notes:

  • To view the conclusions, full summaries, and decision notices for any of the above appeals, please view the Part 1 of the GPDO - GENERAL Appeal Decisions document. As a member of the Planning Jungle website, you can view the decision notices for all of the appeals within the above document for no extra cost.
  • Any of the above conclusions marked with a "(*)" contradict other appeal decisions. The "Reference Section" within the above document indicates how many appeals have supported and contradicted each particular conclusion.