“Part 3 Class O of the GPDO – Appeal Decisions” – 3 additional appeal decisions (total = 219) …

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:

May 2017 - Code P3CO-219 (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: “The scheme would result in the creation of a two-bedroom flat, and in my view, such a modest development would be unlikely to give rise to an unacceptably harmful increase on parking pressure in the vicinity. In the absence of any substantive evidence to refute the conclusions of the [Transport Report], I have no basis other than to accept its findings. It has therefore been demonstrated that the effect of the proposal would not be materially harmful to parking provision in the area.”].
  • This appeal decision provides an example of where the Inspector, when granting prior approval, decided that a particular condition (or s106 agreement) should be imposed.
    [Note: Condition relating to bicycle parking].
  • 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: s106 agreement relating to parking permits, and condition relating to waste and recycling storage].
  • 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: “Subsequently, I find no conflict with Policy D4 of the Lambeth Local Plan (LLP, September 2015), which relates to planning obligations, LLP Policy T6, which indicates that proposals will be supported where they do not have unacceptable transport impacts, and LLP Policy T7, which relates to parking for new development.”].

May 2017 - Code P3CO-218 (appeal dismissed):

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

May 2017 - Code P3CO-217 (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).