“GPDO Part 1 (All Classes) – LDC Appeal Decisions” – 3 additional appeal decisions (total = 1,162) …

The "GPDO Part 1 (All Classes) - LDC Appeal Decisions" document has been updated to include 3 additional appeal decisions relating to householder permitted development legislation, for which the conclusions are as follows:

June 2019 - Code a01056 (appeal dismissed):

  • This appeal decision states, or implies, that it is not possible for an application under section 192 (proposed) to ask the (general) question of whether a property benefits from Part 1 of the GPDO (i.e. without specifying a particular set of works).
    [Quote: “The appellant has therefore applied for general confirmation that the dwellinghouse has permitted development rights as provided by the Town and Country Planning (General Permitted Development)(England) Order 2015 (GPDO), by reason of Article 3. The permitted development rights described relate to those set out within Schedule 2, part 1 of the GPDO. This covers a very broad range of potential developments. Section 192(1)(b)of the Act states that if any person wishes to ascertain whether “any operations proposed to be carried out in, on, over, or under land, would be lawful, he may make an application for the purpose to the local planning authority specifying the land and describing the use or operations in question”. The application was however made in very broad terms in order to try and establish a general principle rather than whether or not specific proposed operations would be lawful. I cannot know without specific details of the particular operations proposed whether or not they would be lawful given that there are several classes of development, each being subject to limitations and conditions. Lawful Development Certificate applications must relate to specific operations or activities. Planning Practice Guidance makes it clear that “an application needs to describe precisely what is being applied for” and that “without sufficient or precise information, a local planning authority may be justified in refusing a certificate”. [...] For the reasons given above I conclude that the Council’s refusal to grant a certificate of lawful use or development in respect of the description set out in the header to this decision, was well founded and that the appeal should fail.”].

June 2019 - Code a01055 (appeal allowed):

  • [Note: To view these conclusions, please log onto the website as a member].

May 2019 - Code a01054 (appeal dismissed):

  • [Note: To view these conclusions, please log onto the website as a member].

Notes:

  • To view the conclusions, summaries, and decision notices for any of the above appeals, please view the "GPDO Part 1 (All Classes) - LDC 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.