“Part 3 Class O of the GPDO – Appeal Decisions” – 1 additional appeal decision (total = 244) …

The Part 3 Class O of the GPDO - Appeal Decisions document has been updated to include 1 additional appeal decision relating to office-to-residential conversions, for which the conclusions are as follows:

December 2018 - Code P3CO-244 (appeal dismissed):

  • This appeal decision was assessed against the issues specified by paragraph O.2 as follows:
    - “transport and highways impacts” = no assessment.
    - “contamination risks” = no assessment.
    - “flooding risks” = no assessment.
    - “impacts of noise” = no assessment.
  • This appeal decision provides an example of where the Inspector concluded that the development was begun before the developer successfully completed the prior approval process.
    [Quote: “The appeal relates to the conversion of the upper floors of [the application site] into 8 flats. At my site visit I saw that the works proposed as part of the appeal had already been substantially progressed, with 8 units created with fitted kitchens and bathrooms. Only windows remained to be installed. The site already benefits from prior approval (reference 15/00760/PNCOU) which remains extant until July 2018. While full details of the approved scheme have not been provided, it is understood that the commenced work represents an alternative layout for the 8 flats already approved. The Council assessed the extension against the provisions of Schedule 2, Part 3, Class O of The Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) (the GPDO)and concluded that prior approval could not be granted due to concerns regarding the impact of noise upon the intended occupiers. However, in order to benefit from the provisions of Schedule 2, Part 3, Class O of the GPDO, the developer must apply to the local planning authority for a determination before beginning the development. [...] While the Council’s sole concerns relate to noise, the regulations are clear that prior approval cannot be given for development that has already begun, whether or not it is wholly or partially completed. Consequently, it is development for which an application for planning permission is required. Such an application would be a matter for the local planning authority to consider in the first instance. I have not therefore considered the matter of noise effects further.”].

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 33 "Potential fallback position" appeals, which are NOT summarised (only listed).