The "GPDO Part 1 (All Classes) - LDC Appeal Decisions" document has been updated to include 8 additional appeal decisions relating to householder permitted development legislation, for which the conclusions are as follows:

January 2017 - Code a00788 (appeal dismissed):

• This appeal decision provides an example of where it was concluded that a larger rear extension subject of an application for an LDC is not in accordance with the details that were approved (or submitted) during the prior approval process.
• It is not possible to issue an LDC under section 192 (proposed) for a larger rear extension if the developer has not successfully completed the prior approval process before the time of the application for the LDC.

January 2017 - Code a00787 (appeal allowed):

• Where a proposed extension would be attached to an existing extension, then the phrase “the enlarged part of the dwellinghouse” applies to only the proposed extension. [Note: In other words, only the proposed extension should be assessed against those limitations and conditions of Class A that apply to the enlarged part of the dwellinghouse]. (*)
• The interpretation set out by a court judgment applies from the date the legislation came into force (i.e. rather than from the date of the court judgment). [Note: In other words, the interpretation set out by a court judgment does apply to works that were carried out before the date of the court judgment (albeit assuming that the works do not benefit from the protection of an LDC)].

January 2017 - Code a00786 (split decision):

• Where a property has been converted to a house from a house and another use after 01/07/1948, then this appeal decision states, or implies, that the phrase “original dwellinghouse” means the house as it existed on 01/07/1948 or, if built after that date, as so built (i.e. rather than the house as it existed after the conversion).
  [Note: The overall building was originally partly a house and partly a “barn”, and this overall building was converted to a (single) house in 1982].
  [Quote: “The ‘original’ building was the cottage and the barn but the Council maintains that the ‘barn’ was not part of the dwellinghouse as it existed on 1 July 1948. They therefore maintain that the rear extension would not extend beyond the rear wall of the original dwellinghouse. [...] Taking into account its size and other factors there is no conclusive evidence to indicate that the ‘barn’ has been in wholly domestic use since before 1 July 1948 such that the original dwellinghouse can be construed to be the main part of the existing dwelling. The ‘original’ building was the cottage and the barn but there is insufficient precise and unambiguous evidence to conclude that the barn element was part of the original dwellinghouse as it existed on 1 July 1948. About half of the proposed rear extension would not be an extension of the original dwellinghouse and the rear extension would not thus be development permitted by Class A of Part 1 of Schedule 2 of the GPDO.”].
• In the above diagram, “Extension K” would not be subject to the “extend beyond” type restrictions in relation to “Wall 1”. [Note: The diagrams are viewable within the “Extend beyond” topic of this document]. (*)
  [Note: This appeal decision relates to “a wall forming a side elevation”].
  [Note: The Inspector concluded that the extension would not extend beyond a wall forming a side elevation of the original dwellinghouse, but still concluded that the extension would be contrary to Part 1 Class A paragraph A.1(j) of the GPDO 2015].

January 2017 - Code a00785 (appeal allowed):

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

January 2017 - Code a00784 (appeal dismissed):

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

January 2017 - Code a00783 (appeal dismissed):

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

January 2017 - Code a00782 (appeal dismissed):

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

December 2016 - Code a00781 (appeal allowed):

• [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.