“Part 1 of the GPDO – Appeal Decision Summaries” – 4 additional appeal decisions (total = 327) …

The Part 1 of the GPDO - GENERAL Appeal Decisions document has been updated to include 4 additional appeal decisions relating to householder permitted development legislation, for which the conclusions are as follows:

June 2012 - Code a00327:

  • This appeal decision provides an example of the types of factors that should be taken into consideration when determining which elevation is “the principal elevation”.
  • The determination of which elevation is “the principal elevation of the original dwellinghouse” should be based on the property as it existed on 01/07/1948 or, if built after that date, as so built. (*)
  • For a row of terraced properties, or a pair of semi-detached properties, it is not necessarily the case that “the principal elevation” of each property faces in the same direction.
  • For the purposes of the 01/10/2008-14/04/2015 version of A.1(e) (i.e. A.1(d)), where the principal elevation does not front a highway, an extension under Class A can extend beyond a wall that forms the principal elevation.
  • Furthermore, in such cases, the amount by which the extension can extend beyond the principal elevation does not appear to be directly(*) restricted by Class A. [(*) i.e. other than the general requirement of Part 1 of the GPDO that the extension is within the “curtilage” of the dwellinghouse, and the requirement of A.1(b) that not more than 50% of the original garden is covered by buildings].
  • Class A does allow an extension with a roof that would join onto the roof of the main house. (*)

June 2012 - Code a00326 (appeal dismissed):

  • This appeal decision provides an example of where it was concluded that a particular piece of land is within “the curtilage of a listed building”.
  • Whether a building is within “the curtilage of a listed building” for the purposes of the GPDO is not necessarily the same as whether the building is a “curtilage building” for the purposes of listed building legislation (e.g. the LBCA Act 1990, etc).

June 2012 - Code a00325 (appeal allowed):

  • [Note: To view these conclusions, please log onto the website as a member].

June 2012 - Code a00324 (appeal allowed):

  • [Note: To view these conclusions, please log onto the website as a member].

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.