“Part 3 Class M of the GPDO – Appeal Decisions” – 2 additional appeal decisions (total = 76) …

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:

July 2017 - Code P3CM-076 (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” = unacceptable (detailed assessment).
    - “design or external appearance” = no assessment.
  • This appeal decision provides an example of where the Inspector, when considering issue M.2(1)(d), assessed the impact of the change of use on adequate provision of services (albeit only where there is a reasonable prospect of the building being used to provide such services) and concluded that this would be unacceptable.
    [Note: Inspector rejected an application for costs against the Council in relation to this issue, and rejected an application for costs against the appellant in relation to this issue].
    [Quote: “The appeal building is centrally located within a block of other commercial premises. Neighbouring blocks also feature commercial uses on the ground floor and there were no other residential uses apparent in the vicinity at the time of my site inspection. While there are some limited numbers of vacant or closed premises there is no evidence that these are a long term problem affecting the area, rather than just short term fluctuations. The loss of the shop unit would significantly affect the character of the block by replacing a commercial frontage with a private domestic one. It would likely detract passers-by to the general detriment of activity leading to a harmful effect on the ability of other traders to attract and retain customers. There would be a corresponding harmful impact on the ability of this part of High Street to provide adequate services for the community.”].

July 2017 - Code P3CM-075 (appeal allowed):

  • [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).