“Part 3 Class M of the GPDO – Appeal Decisions” – 2 additional appeal decisions (total = 67) …

The Part 3 Class M of the GPDO - Appeal Decisions document has been updated to include 2 additional appeal decisions relating to retail-(etc)-to-residential conversions, for which the conclusions are as follows:

March 2017 - Code P3CM-067 (appeal dismissed):

  • This appeal decision was assessed against the issues specified by paragraph M.2 as follows:
    - “transport and highways impacts” = no assessment.
    - “contamination risks” = no assessment.
    - “flooding risks” = no assessment.
    - “impact of the change of use” = no assessment.
    - “design or external appearance” = no assessment.
  • This appeal decision provides an example of where it was concluded that the proposed development would not comply with M.1(d). [Note: In other words, the development (together with any previous development under Class M) would result in more than 150 square metres of floor space in the building having changed use under Class M].
    [Quote: “The issue is one of floorspace and had I been able to inspect inside the premises I would have not carried out any measurements myself and my decision would remain based on an assessment of the evidence provided by both parties. From the plan submitted the Council has estimated that the retail floorspace in this proposal amounts to 163.7 m2. The appellant states that his careful measurements have calculated a floorspace of 148 m2. However, the very basic hand-drawn plans submitted with the application, and the site plan submitted with the appeal, provide no reasonable basis for me to conclude that the proposal would result in less than 150 m2 of floor space necessary to benefit from the permitted development right. The Council’s statement refers to a request made for higher quality scaled drawings which have not been supplied with this appeal. There is inadequate information to establish that the proposal is development permitted under Class M(a)(i) of Schedule 2, Part 3 of the GDPO. For this reason I conclude that the appeal should be dismissed.”].

March 2017 - Code P3CM-066 (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 3 Class M 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 2 "Potential fallback position" appeals, which are NOT summarised (only listed).