“Part 1 of the GPDO – Appeal Decision Summaries” – 4 additional appeal decisions (total = 525 + 39) …

The Part 1 of the GPDO - GENERAL Appeal Decisions document and the Part 1 of the GPDO - PRIOR APPROVAL Appeal Decisions document have been updated to include 4 additional appeal decisions relating to householder permitted development legislation (2 "LDC Appeals", 0 "Enforcement Appeals", and 2 "Prior Approval Appeals"), for which the conclusions are as follows:

"LDC APPEALS" AND "ENFORCEMENT APPEALS":

January 2014 - Code a00448 (appeal allowed):

  • 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 B (i.e. rather than Class A). (*)
  • For the purposes of the 01/10/2008-05/04/2014 version of B.2(b), where a property has an original rear projection with a side-facing pitched roof, for which the eaves are at a lower level than the eaves of the main rear roof, then B.2(b) would allow a roof extension that extends from the main rear roof onto the side roof of the original rear projection. [Note: The roof extension, for at least part of its width, would extend across the line of the original rear eaves]. (*)
  • Furthermore, the above conclusion still applies even if the ridge-line of the original rear projection is at a (slightly) lower level than the eaves of the main rear roof. [Note: The roof extension, for the whole of its width, would extend across the line of the original rear eaves]. (*)
  • The phrase “the highest part of the … roof” relates to the property as a whole (i.e. not only to the part of the property that’s being altered or enlarged). (*)
  • For example, where a property has a secondary roof that’s lower than the main roof, then an extension on top of this secondary roof can be higher than the highest part of this secondary roof (i.e. so long as the extension is not higher than the highest part of the main roof). (*)
  • This appeal decision provides an example of where it was concluded that works to the roof of a property would fall within the scope of Class B, without the Inspector referring to the issue of whether or not the works would exceed what would constitute “the enlargement of a dwellinghouse consisting of an addition or alteration to its roof”. (*)

January 2014 - Code a00447 (appeal allowed):

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

"PRIOR APPROVAL APPEALS":

January 2014 - Code p00039 (appeal dismissed):

  • This appeal decision provides an example of where the Inspector concluded that the amenity impact of the proposed development would be unacceptable.
    [Length 6.0m, eaves height 2.8m, max height 3.6m (hipped roof)].
    [Dismissed due to loss of outlook / dominating to side property].
  • This appeal decision provides an example of where the Inspector, when assessing the amenity impact of the proposed development, did not refer to the Council’s policies. (*)
  • This appeal decision provides an example of where the Inspector, when assessing the amenity impact of the proposed development, did not refer to the Council’s guidance. (*)
  • The 30/05/2013-05/04/2014 version of Part 1 Class A does allow prior approval to be granted subject to conditions. (*)
    [Note: Inspector stated that a window could be deleted by condition].

January 2014 - Code p00038 (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 and the Part 1 of the GPDO - PRIOR APPROVAL 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 documents for no extra cost.
  • Any of the above conclusions marked with a "(*)" contradict other appeal decisions. The "Reference Section" within the above documents indicates how many appeals have supported and contradicted each particular conclusion.