The Part 1 of the GPDO - GENERAL Appeal Decisions document has been updated to include 2 additional appeal decisions relating to householder permitted development legislation, for which the conclusions are as follows:
August 2016 - Code a00722 (appeal dismissed):
- This appeal decision provides an example of where a house has significantly deteriorated, and the Inspector concluded that the property no longer benefits from Part 1 of the GPDO.
[Note: The property “has deteriorated in condition due to arson attacks”, and “is now in a severely damaged state with little roof covering left and thus open to the elements”].
[Quote: “Of more relevance to this appeal is the long-established case law precedent of Larkin v Basildon DC  J.P.L. 407 in which it was established that in order for permitted development rights to remain available to a damaged dwelling house there must be sufficient structure for those operations to be carried out. If there is insufficient structure to start with then the dwellinghouse is no longer capable of being enlarged, improved, or altered.. Although there is no formal structural survey before me, the appellants’ acknowledge that the building is no longer physically capable of refurbishment. From what I saw on site I have no reason to disagree with that view. The entire building, not least the last remaining remnant of the roof, is so severely damaged that it is simply not physically capable of supporting an extension. In reality, the dormer could only be added after the carrying out of extensive re-building of the dwelling, to secure its stability, followed by a new roof structure and roof. All of those works to provide the proposed dormer go well beyond the “enlargement of a dwellinghouse consisting of an addition or alteration to its roof permitted within Schedule 2, Part 1, Class B of the GPDO. Therefore the dormer extension would not be permitted development.”].
July 2016 - Code a00721 (appeal allowed):
- [Note: To view these conclusions, please log onto the website as a member].
- 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.