“Part 3 Class O of the GPDO – Appeal Decisions” – 3 additional appeal decisions (total = 216) …

The Part 3 Class O of the GPDO - Appeal Decisions document has been updated to include 3 additional appeal decisions relating to office-to-residential conversions, for which the conclusions are as follows:

April 2017 - Code P3CO-216 (appeal allowed):

  • This appeal decision was assessed against the issues specified by paragraph O.2 as follows:
    - “transport and highways impacts” = acceptable (detailed assessment).
    - “contamination risks” = no assessment.
    - “flooding risks” = no assessment.
    - “impacts of noise” = no assessment.
  • This appeal decision provides an example of where the Inspector, when considering the “transport and highways impacts of the development”, assessed vehicle parking and concluded that this would be acceptable.
    [Quote: “I find that the proposed development is unlikely to have a significantly greater effect upon parking in the area than the permitted office use during office hours. I have had regard to the statements of the Council concerning the demand for on-street parking and levels of congestion in the area and by an interested person regarding the close proximity of a school to the appeal site and that that pavement parking takes place at present. However, in respect of the times outside of office hours at evenings and weekends when there is unrestricted on street parking to the front of the property, I do not consider it has been demonstrated that the appeal proposal would give rise to significant harm to highway safety through any increase in on-street parking. On the balance of the evidence before me, having had regard to the existing office use, the parking situation in the area and the parking requirement as set out in the MALP, I do not find the proposed development to be unacceptable.”].
  • This appeal decision provides an example of where the Inspector, when granting prior approval, decided that a particular condition (or s106 agreement) should not be imposed.
    [Note: Condition relating to noise assessment (with reference to noise arising from a nearby substation)].
  • When assessing an application for prior approval, the development plan (e.g. the LPA’s Local Plan, etc) is a material consideration. (*)
    [Note: This appeal decision implies (rather than states) this conclusion].
    [Quote: “I consider therefore that the appeal proposal does not conflict with the development plan as a whole.”].

April 2017 - Code P3CO-215 (appeal allowed):

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

April 2017 - Code P3CO-214 (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 O 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 32 "Potential fallback position" appeals, which are NOT summarised (only listed).