“Part 1 of the GPDO – Appeal Decision Summaries” – 4 additional appeal decisions (total = 560 + 71) …

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

"LDC APPEALS" AND "ENFORCEMENT APPEALS":

April 2014 - Code a00477 (appeal dismissed):

  • 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. (*)
  • Furthermore, the above interpretation, as set out by the High Court judgment dated 18/06/2013, applies from the date the legislation came into force (i.e. 01/10/2008), and therefore still applies even if the works were carried out before the date of the High Court judgment. (*)
  • Whether works are permitted development depends on whether the works comply with the version of the GPDO that was in force on the date the works were begun. (*)
  • For an application under section 191 (existing), the question is whether the works were lawful at the time of the application. (*)
  • However, the above conclusion does not change the fact that the works should be assessed against the version of the GPDO that was in force on the date the works were begun. (*)
  • For example, for an application under section 191 (existing), if a previous version of the GPDO was in force on the date the works were begun, but the GPDO is amended by the time of the application (or by the date the application is determined), then the works should be assessed against the previous version of the GPDO. (*)

April 2014 - Code a00476 (appeal dismissed):

  • This appeal decision provides an example of where it was concluded that dark-brown tiles (on the face of a rear dormer) would not be “of a similar appearance” to light-brown tiles (on the roof of the main house).

April 2014 - Code a00475 (appeal dismissed):

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

March 2014 - Code e2014-007 (ground (c) dismissed):

  • [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.