“Part 3 Class O of the GPDO – Appeal Decisions” – 3 additional appeal decisions (total = 127) …

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

October 2015 - Code P3CO-127 (appeal dismissed):

  • This appeal decision was assessed against the issues specified by paragraph O.2 as follows:
    - “transport and highways impacts” = unacceptable (detailed assessment).
    - “contamination risks” = acceptable (minimal assessment).
    - “flooding risks” = acceptable (minimal assessment).
  • This appeal decision provides an example of where the Inspector concluded that the LPA did notify the applicant of the decision (i.e. as to whether prior approval was given or refused) within the 56 day deadline. (*)
    [Quote: “Although the applications are dated as indicated above, both were submitted without the appropriate fees. The claim (made by the appellant) that the 56 day period for determination commences from the date on the application form rather than the date on which the application is validated is spurious. As the Council clearly demonstrate, both applications were properly determined within the appropriate 56 day period. Hence, neither of these schemes is authorised under the terms of the Order.”].
  • 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.
    [Quote: “It is also accepted that the likely parking provision would meet the minimum standards required.”].
  • This appeal decision provides an example of where the Inspector, when considering the “transport and highways impacts of the development”, assessed the sustainability of the proposed development and concluded that this would be unacceptable.
    [Quote: “It follows that these schemes would not be balanced in favour of sustainable transport modes, or support a commensurate pattern of development or utilise opportunities for sustainable transport or encourage people to minimise journey lengths for shopping, leisure, education and other activities. On the contrary, they would be highly likely to encourage car-borne trips to the shops, to schools and to other facilities, thereby undermining the aims of the Framework and resulting in a ‘transport and highways impact’ that would be wholly unacceptable.”].

October 2015 - Code P3CO-126 (appeal dismissed):

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

October 2015 - Code P3CO-125 (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 23 "Potential fallback position" appeals, which are NOT summarised (only listed).