“GPDO Part 1 (All Classes) – LDC Appeal Decisions” – 13 additional appeal decisions (total = 886) …

The "GPDO Part 1 (All Classes) - LDC Appeal Decisions" document has been updated to include 13 additional appeal decisions relating to householder permitted development legislation, for which the conclusions are as follows:

December 2016 - Code a00780 (appeal dismissed):

  • Where a property has a secondary roof that’s slightly lower than the main roof, then an extension on top of this secondary roof should be assessed against Class A and Class B. (*)
    [Note: Roof of original two-storey rear projection on two-storey house].

December 2016 - Code a00779 (appeal dismissed):

  • No conclusions (because too straightforward).

December 2016 - Code a00778 (appeal dismissed):

  • This appeal decision provides an example of where the submitted information contained inconsistencies (or similar), and the Inspector concluded that an LDC should be refused on this basis.
    [Note: The submitted drawings show a dwellinghouse with 3 bedrooms.  However, the Council states that during its site visit it observed that the “internal layout would suggest the property is being converted into studio flats or a House of Multiple Occupation, with possible en-suite facilities to each room”].
  • This appeal decision provides an example of where it was concluded that two sets of works were undertaken as a single operation (i.e. rather than as separate operations).
    [Note: Roof extension single operation with ground floor rear extension].
  • When assessing whether two sets of works were undertaken as a single operation (or separate operations), it is not a material factor as to whether the works are physically severable. (*)
    [Note: This appeal decision implies (rather than states) this conclusion].
  • Where development is undertaken as a single operation, then it is not possible for only part of the development to be permitted development (i.e. either the entire development is permitted development, or none of the development is permitted development). (*)
  • This appeal decision provides an example of where it was concluded that an internal side-facing wall is “a wall forming a side elevation”.
    [Note: Inspector appears to conclude that the internal party wall between the application site and the adjoining property is “a wall forming a side elevation”].

December 2016 - Code a00777 (appeal allowed):

  • 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”.
  • The determination of which elevation is “the principal elevation of the original dwellinghouse” should be based on the property as it existed on 01/07/1948 or, if built after that date, as so built. (*)
    [Quote: “The first point to note is that, having regard to the wording of Class E.1(c), in this case the Technical Guidance must be applied to the original dwellinghouse and not the building as it currently stands. This means the original dwellinghouse constructed in or around 1958 as so built, as shown on the plans provided by the appellant.”].

December 2016 - Code a00776 (appeal dismissed):

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

December 2016 - Code a00775 (appeal dismissed):

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

December 2016 - Code a00774 (appeal dismissed):

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

December 2016 - Code a00773 (appeal allowed):

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

December 2016 - Code a00772 (appeal allowed):

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

December 2016 - Code a00771 (appeal dismissed):

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

December 2016 - Code a00770 (appeal dismissed):

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

December 2016 - Code a00769 (appeal dismissed):

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

November 2016 - Code a00768 (appeal dismissed):

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

Notes:

  • To view the conclusions, summaries, and decision notices for any of the above appeals, please view the "GPDO Part 1 (All Classes) - LDC Appeal Decisions" document. As a member of the Planning Jungle website, you can view the decision notices for all of the appeals on the website 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.