“Part 1 of the GPDO – GENERAL Appeal Decisions” – 9 additional appeal decisions (total = 801) …

The Part 1 of the GPDO - GENERAL Appeal Decisions document has been updated to include 9 additional appeal decisions relating to householder permitted development legislation, for which the conclusions are as follows:

May 2016 - Code a00695 (appeal allowed):

  • In the above diagram, no part of “Roof Extension C” “extends beyond” the outside face of “Wall 2”. [Note: In other words, “Roof Extension C” would comply with B.2(b)(ii)]. [Note: The diagrams are viewable within the “Extend beyond” topic of this document].

May 2016 - Code a00694 (appeal allowed):

  • For the purposes of the post-15/04/2015 version of Part 1 of the GPDO, the term “highway” means a way over which members of the public have the right to pass and repass.
  • For the purposes of the post-15/04/2015 version of Part 1 of the GPDO, this appeal decision provides an example of where it was concluded that a particular way or piece of land is not a “highway”.
    [Note: Inspector states that way is marked as a “private road” and “effectively functions as a private driveway affording vehicular and pedestrian access to the schools and sports facilities”].

May 2016 - Code a00693 (appeal dismissed):

  • This appeal decision provides an example of where an application under section 191 (existing) was assessed on the basis of the hypothetical works that are shown on the submitted drawings (i.e. rather than the actual works that have been carried out on the site). (*)
    [Note: The applicant submitted an application under section 191 (existing), but the works were not begun by the time of the application].
  • This appeal decision provides an example of where it was concluded that a condition (on a previous planning permission), which removes permitted development rights under a previous version of the GPDO but doesn’t refer to subsequent versions of the GPDO, does remove permitted development rights under the current version of the GPDO.
    [Quote: “Number 35a is a relatively new end terrace house. Its planning permission contained a condition that “notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995, no windows, doors or openings of any kind shall be inserted in the north or south elevations of the development hereby approved unless otherwise agreed in writing by the Local Planning Authority”. It is established case law that such conditions remain effective after an Order is superseded by a subsequent one.”].

May 2016 - Code a00692 (appeal dismissed):

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

May 2016 - Code a00691 (appeal dismissed):

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

May 2016 - Code a00690 (appeal dismissed):

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

May 2016 - Code a00689 (appeal dismissed):

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

May 2016 - Code a00688 (appeal dismissed):

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

April 2016 - Code a00687 (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.