“Part 3 Class O of the GPDO – Appeal Decisions” – 2 additional appeal decisions (total = 264) …

The Part 3 Class O of the GPDO - 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:

June 2018 - Code P3CO-264 (3 x 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.
  • For an application for prior approval, if the site was not subject to an article 4 direction at the time when the application was submitted, but the site is subject to an article 4 direction at the time when the decision is made, then the works should be assessed on the basis that the site is subject to an article 4 direction.
    [Quote: “The Council’s [article 4] direction was introduced to safeguard commercial floorspace within the borough following research by the Council indicating that the implementation of previously granted prior approvals across Lambeth would equate to a sizeable reduction in B1(a) floorspace. It has the effect of removing permitted development rights within the Lion Yard KIBA for changes of use to Class C3 (dwellinghouses) from Class B1(a) (offices) from 15 September 2017 onwards and making it necessary to submit an application for planning permission for a proposed change of use from offices to residential in the Lion Yard KIBA. As such, I find that prior approval cannot be granted for Appeals A, B, and C, as the appeal site no longer benefits from permitted development rights for the relevant change of use. While I recognise that the appellant submitted all 3 applications prior to the direction coming into force, it is the date of determination of the 3 appeals which is key in this instance. Although the direction was not in force at the time of the Council’s decision on the prior approval application which forms Appeal A, I must take account of such legal restrictions that are in force at the time of my decision. [...] Consequently, I conclude that the proposed developments do not benefit from the provisions of Schedule 2, Part 3, Class O of The Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended), and that the 3 appeals would constitute development for which applications for planning permission are required.”].

June 2018 - Code P3CO-263 (4 x 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 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).