The "GPDO Part 3 Class O - Prior Approval Appeal Decisions" document has been updated to include 2 additional appeal decisions relating to office-to-residential conversions, for which the conclusions are as follows:
May 2018 - Code P3CO-262 (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 it was concluded that the building was not used as B1(a) on 29/05/2013 or (if not in use on that date) when it was last in use. [Note: In other words, the proposed development would not comply with O.1(b)].
[Quote: “Therefore, apart from an initial enquiry near the start of the appellant’s ownership of the building, there is no firm evidence of an intention to use the building for offices. In the period since 2007, comprehensive redevelopment or use for other purposes has been pursued more actively. A building which, at the beginning of the period of ownership, may have been viable for re-use as offices, has fallen into a state of very considerable disrepair. Consequently, I consider that the intention was to cease permanently, rather than suspend, the office use. Taken together with the condition of the building, the non-use of the building in the period since 2006 and the further 5 or 6 years before that when, on the balance of probabilities, there was little or no use, I find that the is sufficient basis, on the balance of probabilities, to conclude that the office use has been abandoned.”].
May 2018 - Code P3CO-261 (appeal dismissed):
- [Note: To view these conclusions, please log onto the website as a member].
- To view the conclusions, full summaries, and decision notices for any of the above appeals, please view the "GPDO Part 3 Class O - Prior Approval Appeal Decisions" document. As a member of the Planning Jungle website, you can view the decision notices for all of the appeals on the website 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).