“GPDO Part 3 Class O – Prior Approval Appeal Decisions” – 4 additional appeal decisions (total = 20) …

The "GPDO Part 3 Class O - Prior Approval Appeal Decisions" document has been updated to include 4 additional appeal decisions relating to office-to-residential conversions, for which the conclusions are as follows:

July 2014 - Code P3CO-020 (appeal dismissed):

  • This appeal decision was assessed against the issues specified by paragraph O.2 as follows:
    - “transport and highways impacts” = no assessment.
    - “contamination risks” = no assessment.
    - “flooding risks” = no assessment.

    • A site without a building does not benefit from Part 3 Class O of the GPDO.
      [Note: Site consists of a mobile home and its associated area of hardstanding].

July 2014 - Code P3CO-019 (split decision):

  • This appeal decision was assessed against the issues specified by paragraph O.2 as follows:
    - “transport and highways impacts” = acceptable (detailed assessment).
    - “contamination risks” = no assessment.
    - “flooding risks” = no assessment.
  • This appeal decision provides an example of where the Inspector, when considering the “transport and highways impacts of the development”, assessed vehicle parking and concluded that this would be acceptable.
    [Note: Appeal was allowed subject to condition relating to vehicle parking].
    [Quote: “This would add to existing traffic congestion in the area, with resultant risk to the safety of users of [the] highway, and the harm to character of the local area”].
  • This appeal decision provides an example of where the Inspector, when granting prior approval, decided that a particular condition (or s106 agreement) should be imposed.
    [Note: Conditions relating to parking permits].
  • This appeal decision provides an example of where the Inspector, when granting prior approval, decided that a particular condition (or s106 agreement) should not be imposed.
    [Note: Condition requiring occupiers to be informed of the restriction against parking permits].
  • When assessing an application for prior approval, the development plan (e.g. the LPA’s Local Plan, etc) is a material consideration. (*)
    [Note: This appeal decision implies (rather than states) this conclusion].
    [Quote: “In this respect conditions 2 and 3 would be in keeping with the requirements of CS Policy T1 and LP Policy DM J3.”].

July 2014 - Code P3CO-018 (appeal allowed):

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

July 2014 - Code P3CO-017 (appeal 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 "GPDO Part 3 Class O - Prior Approval Appeal Decisions" document. As a member of the Planning Jungle website, you can view the decision notices for all of the appeals on the website 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.
  • The above document also includes 18 "Potential fallback position" appeals, which are NOT summarised (only listed).