“Part 1 of the GPDO – Appeal Decision Summaries” – 6 additional appeal decisions (total = 452) …

The Part 1 of the GPDO - GENERAL Appeal Decisions document has been updated to include 6 additional appeal decisions relating to householder permitted development legislation (3 "LDC Appeals" and 3 "Enforcement Appeals"), for which the conclusions are as follows:

July 2013 - Code e2013-018 (ground (c) dismissed):

  • Where works exceed the tolerances of permitted development and have been substantially completed (i.e. unlawfully), it is not possible to alter the works so that they become permitted development.
  • This appeal decision provides an example of where it was concluded that works to the roof of a property would not fall within the scope of Class B, on the basis that the works would exceed what would constitute “the enlargement of a dwellinghouse consisting of an addition or alteration to its roof”. (*)
  • In particular, in reaching the above conclusion, the Inspector noted that the works would involve the substantial removal and rebuilding of the roof. (*)
  • For the purposes of the 01/10/2008-05/04/2014 version of B.2(b), the 20cm set back should be measured from the closest point of the eaves. (*)
  • This appeal decision provides an example of where an Inspector specifically disagrees with the advice within the DCLG “Permitted development rights for householders - Technical Guidance” document. [Note: In this particular case, the Inspector does refer to a court judgment to support the contrary interpretation]. (*)
  • For the purposes of the 01/10/2008-05/04/2014 version of B.2(b), where the original eaves have been removed, it is not possible to comply with B.2(b). (*)

July 2013 - Code a00400 (appeal dismissed):

  • Where a property has a secondary roof that’s slightly lower than the main roof, then an extension on top of this secondary roof should be assessed against Class A and Class B. (*)
  • In an application for an LDC, the burden of proof is firmly on the applicant.

July 2013 - Code e2013-017 (ground (a) allowed on the basis of the fallback position):

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

July 2013 - Code e2013-016 (ground (c) dismissed):

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

July 2013 - Code a00399 (appeal dismissed):

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

July 2013 - Code a00398 (appeal dismissed):

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

Notes:

  • Any conclusions above marked with a "(*)" contradict other appeal decisions - for further info, please view the Part 1 of GPDO - Appeal Decision Summaries document.
  • For further info about the project to add "Enforcement Appeals" to the "Part 1 of the GPDO - Appeal Decision Summaries" document, please see here.