“Part 3 Class O of the GPDO – Appeal Decisions” – 1 additional appeal decision (total = 284) …

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-284 (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)].
    [Note: The Inspector awarded costs against the Council in relation to this issue].
    [Quote: “Turning to the evidence before me, it is my view that the declaration does not set out the exact nature of the insurance brokerage office use operated by Ramasis or the sublet office use by Esoft. As a consequence, I am unable to determine whether these uses fall within Class B1(a), Class A2 (financial and professional services provided principally to visiting members of the public) or a sui generis use. Furthermore, I am not satisfied that the valuation statement or insurance certificate provide sufficient information as they only refer to a specific point in time and not the exact nature or extent of the uses that took place. This is reinforced by the Council’s 1987 planning decision, which provides reasonable grounds that the initial lawful use of the converted chapel may have been a mixed B1(a) and B8 use. In view of the above, I conclude that insufficient information has been provided for me to conclude that the proposed development complies with a limitation of Class O, namely that the lawful use of the building fell within Class B1(a) as of 29th May 2013, or when it was last in use.”].

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).