“GPDO Part 1 Class E (Incidental Requirement) – LDC Appeal Decisions” – 16 additional appeal decisions (total = 316) …

The "GPDO Part 1 Class E (Incidental Requirement) - LDC Appeal Decisions" document has been updated to include 16 additional appeal decisions relating to the "incidental" requirement of Part 1 Class E, for which the conclusions (short version) are as follows:

March 2019 - Code b00316 (INCIDENTAL):

  • Outbuilding (total area 78m2) containing swimming pool + bar area (41m2), yoga studio/gym (12m2), photography workshop (12m2), and shower room (8m2).

February 2019 - Code b00315 (NOT incidental):

  • Outbuilding (total area 64m2) for which the Inspector states "there is no annotation on the plans of the intended use of the outbuilding, other than a small area within it being set aside for a shower room".

February 2019 - Code b00314 (NOT incidental):

  • Outbuilding (total area 103m2) containing resistance and hydrotherapy pool + solarium and hot tub + gym area + changing room + sauna + shower + WC.
  • Note: This would be in addition to 3 x existing outbuildings (which the Council states contain "a number of garages for storing cars, workshop space, office space, pool table, pin ball machines and leisure space").

February 2019 - Code b00313 (INCIDENTAL):

  • Outbuilding (total area 58m2) containing swimming pool + steam room + sauna (34m2), and gym (17m2).

February 2019 - Code b00312 (INCIDENTAL):

  • Mobile home (total area 52m2) containing two bedrooms, living room (with kitchenette), bathroom, and WC.
  • Note: The Inspector states that "There is no dispute between the parties that the mobile home meets the planning definition of a caravan", and then issues an LDC for "The stationing of a mobile home within the curtilage of an existing dwellinghouse for purposes ancillary to the main residential use" on the basis that it "would have been permitted development by virtue of article 3(1) and Schedule 2 Part 1 Class E of the [GPDO 2015]".
  • Note: In my opinion this appeal decision is (highly) questionable, because 1) a mobile home / caravan is not a "building", and 2) primary living accommodation is not an "incidental" purpose.

January 2019 - Code b00311 (NOT incidental):

  • Outbuilding (total area 116m2) for which the submitted drawings show a games room (with bar area), gym, changing room, and plant room, but which the submitted application form describes as facilities "ancillary to the main house".

January 2019 - Code b00310 (NOT incidental):

  • Outbuilding (total area 302m2) containing swimming pool + plant room + changing room + steam room + sauna + store room (302m2).
  • Note: The Inspector dismissed the appeal on the basis that the proposed swimming pool would be in addition to an existing (open-air) swimming pool, regardless of the fact that the submitted drawings state "Existing outdoor pool infilled and replaced with garden terrace".

January 2019 - Code b00309 (INCIDENTAL):

  • Outbuilding (total area 108m2) containing garage (54m2), and workshop / hobby room (including table tennis) (54m2).

January 2019 - Code b00308 (NOT incidental):

  • Outbuilding (total area 28m2) containing garden room (including a sink and worktop) (22m2), and WC (6m2).

January 2019 - Code b00307 (NOT incidental):

  • Outbuilding (total area 25m2) for which the Inspector states "the appellant has provided no information about the purposes to which the outbuilding would be put".

January 2019 - Code b00306 (NOT incidental):

  • Outbuilding (total area 60m2) containing two bedrooms, en-suite shower room (with WC), living room, "WC, basin & store" room, and "cloaks, sink and boiler" room.
  • Note: The outbuilding would be used as "an annexe for ancillary accommodation by family members as an integral part of the overall use of the house".

January 2019 - Code b00305 (INCIDENTAL):

  • Outbuilding (total area 90m2) containing garden room, study, workshop, gym, store room, shower room, and WC.

January 2019 - Code b00304 (INCIDENTAL):

  • Outbuilding (total area 70m2) containing garden room (17m2), study (14m2), workshop (11m2), gym (10m2), store room (4m2), shower room (2m2), and WC (2m2).

January 2019 - Code b00303 (NOT incidental):

  • Outbuilding (total area 84m2) containing playroom (40m2), TV / home cinema room (25m2), office (8m2), and wetroom (5m2).

January 2019 - Code b00302 (INCIDENTAL):

  • Outbuilding (total area 109m2) containing workshop (with area for "vehicle repair, maintenance and restoration" and area for "engineering + mechanical workshop") (75m2), office (17m2), storage room (7m2), and WC (4m2).

December 2018 - Code b00301 (NOT incidental):

  • Outbuilding (total area 80m2) containing gym, home office, reptilarium, and store room.

Notes: