“Part 3 Class O of the GPDO – Appeal Decisions” – 10 additional appeal decisions (total = 143) …

The Part 3 Class O of the GPDO - Appeal Decisions document has been updated to include 10 additional appeal decisions relating to office-to-residential conversions, for which the conclusions are as follows:

December 2015 - Code P3CO-143 (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].

December 2015 - Code P3CO-142 (2 x appeal allowed):

  • 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 building was used as B1(a) on 29/05/2013 or (if not in use on that date) when it was last in use. [Note: In other words, the proposed development would comply with O.1(b)].
    [Note: Inspector awarded costs against the Council in relation to this issue].
  • This appeal decision provides an example of where it was concluded that the submitted information was sufficient to comply with the requirements of Part 3 paragraph W(2). (*)
    [Note: Submitted site plan did not show the proposed on-site car parking spaces].
  • This appeal decision provides an example of where the Inspector concluded that the LPA did not notify the applicant of the decision (i.e. as to whether prior approval was given or refused) within the 56 day deadline. (*)
    [Note: The Inspector concluded that the application was received by the LPA on Thu 23/10/2014.  The Inspector counted this date as day 0, and therefore day 56 was Thu 18/12/2014].
    [Quote: “On the information provided and having mind to the wording and requirements of the Order, it is concluded that the 56 days should be considered as running from the acknowledged date of the Council’s receipt of the applications, 23 October 2014, and would have expired on 18 December. In the absence of a written notice under paragraph W.(11) by that date, planning permission is deemed to have been granted.”].

December 2015 - Code P3CO-141 (appeal dismissed):

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

December 2015 - Code P3CO-140 (appeal dismissed):

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

December 2015 - Code P3CO-139 (appeal dismissed):

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

December 2015 - Code P3CO-138 (appeal dismissed):

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

December 2015 - Code P3CO-137 (appeal allowed):

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

December 2015 - Code P3CO-136 (mixed decision):

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

December 2015 - Code P3CO-135 (appeal allowed):

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

December 2015 - Code P3CO-134 (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 24 "Potential fallback position" appeals, which are NOT summarised (only listed).