“Part 3 Class O of the GPDO – Appeal Decisions” – 6 additional appeal decisions (total = 124) …

The Part 3 Class O of the GPDO - Appeal Decisions document has been updated to include 6 additional appeal decisions relating to office-to-residential conversions, for which the conclusions are as follows:

September 2015 - Code P3CO-124 (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.
  • This appeal decision provides an example of where it was concluded that the lawful use of the site (i.e. the building and any land within its curtilage) is not B1(a). [Note: In other words, the proposed development would not comply with the combination of article 3(5) of the GPDO and the heading of Part 3 Class O].

September 2015 - Code P3CO-123 (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.
  • This appeal decision provides an example of where the Inspector concluded that the development was begun before the developer successfully completed the prior approval process.
    [Quote: “Paragraph O.2 of the Order states that ‘Development under Class O is permitted subject to the condition that before beginning the development, the developer must apply to the local planning authority for a determination as to whether the prior approval of the authority will be required….’. The Council states that the change of use had already occurred before the application to the Council was made. No evidence has been submitted by the appellant to refute this. The Council was therefore correct to refuse the application in accordance with paragraph W(3).”].

September 2015 - Code P3CO-122 (appeal dismissed):

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

September 2015 - Code P3CO-121 (appeal dismissed):

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

September 2015 - Code P3CO-120 (appeal allowed):

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

September 2015 - Code P3CO-119 (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 3 Class O of the GPDO - 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.
  • The above document also includes 21 "Potential fallback position" appeals, which are NOT summarised (only listed).