“Part 1 of the GPDO – Appeal Decision Summaries” – 1 additional appeal decision (total = 466) …

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 (1 "LDC Appeal" and 0 "Enforcement Appeals"), for which the conclusions are as follows:

August 2013 - Code a00406 (appeal allowed):

  • This appeal decision provides an example of where it was concluded that a particular elevation does not “front” a highway, noting that the elevation and the highway are separated either by a significant distance or by land in different ownership or use.
  • 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”.
  • Where a property has been converted to a house from another use after 01/07/1948, then this appeal decision states, or implies, that the phrase “original dwellinghouse” means the property as it existed after the conversion (i.e. rather than the property as it existed on 01/07/1948 or, if built after that date, as so built). (*)
  • 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.
  • Class A does allow an extension with a roof that would join onto the roof of the main house. (*)
  • This appeal decision provides an example of where it was concluded that a Class A extension with a roof that would join onto the roof of the main house should also be assessed against Class C (without applying the 15cm projection limit of C.1(b)) and not Class B. (*)

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.