“Part 1 of the GPDO – GENERAL Appeal Decisions” – 18 additional appeal decisions (total = 722) …

The Part 1 of the GPDO - GENERAL Appeal Decisions document has been updated to include 18 additional appeal decisions relating to householder permitted development legislation (18 "LDC Appeals" and 0 "Enforcement Appeals"), for which the conclusions are as follows:

November 2015 - Code a00616 (appeal dismissed):

  • This appeal decision provides an example of the types of factors that should be taken into consideration when determining which elevation is “the principal elevation”.

November 2015 - Code a00615 (appeal dismissed):

  • For an application under section 192 (proposed), the (hypothetical) question is whether the works would be lawful if begun at the time of the application. (*)
  • For example, for an application under section 192 (proposed), if a previous version of the GPDO was in force at the time of the application, but the GPDO is amended by the date the application is determined, then the works should be assessed against the previous version of the GPDO. (*)
    [Conclusion: The time of the application was pre-15/04/2015 and therefore the works should be assessed against the pre-15/04/2015 version of the GPDO].
  • E.1(c) not only prevents an outbuilding from being directly in front of the principal elevation, but also prevents an outbuilding from being in front of the imaginary line of the principal elevation when extended to either side.
  • This appeal decision provides an example of the types of factors that should be taken into consideration when determining which elevation is “the principal elevation”.

November 2015 - Code a00614 (appeal allowed):

  • The excavation of a basement does fall within the scope of Class A.
  • This appeal decision provides an example of where it was concluded that the excavation of a certain volume of earth (i.e. as part of other works) does fall within the scope of Part 1 of the GPDO. (*)
    [Note: Approx 152m3 would be excavated during creation of basement].

November 2015 - Code a00613 (appeal dismissed):

  • The side wall of an original (part-width) rear projection (i.e. the side wall facing the infill area) is “a wall forming a side elevation”. (*)
    [Note: The original (part-width) rear projection is three-storey].
  • For example, an extension to the side of an original (part-width) rear projection within a conservation area (or other article 2(3) land) is not permitted development. (*)
  • For example, an extension to the side of an original (part-width) rear projection where the extension has a width greater than half the width of the original house is not permitted development. (*)
  • This appeal decision states, or implies, that where a basement extension projects beyond the line of a ground floor wall (i.e. the imaginary line of the wall when extended vertically downwards), then the basement extension would be subject to the “extend beyond” type restrictions in relation that ground floor wall.

November 2015 - Code a00612 (appeal allowed):

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

November 2015 - Code a00611 (split decision):

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

November 2015 - Code a00610 (split decision):

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

November 2015 - Code a00609 (appeal allowed):

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

October 2015 - Code a00608 (appeal allowed):

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

October 2015 - Code a00607 (appeal allowed):

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

October 2015 - Code a00606 (appeal dismissed):

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

October 2015 - Code a00605 (appeal dismissed):

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

October 2015 - Code a00604 (appeal dismissed):

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

October 2015 - Code a00603 (split decision):

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

October 2015 - Code a00602 (appeal allowed):

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

October 2015 - Code a00601 (appeal dismissed):

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

October 2015 - Code a00600 (appeal dismissed):

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

October 2015 - Code a00599 (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 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.