“Part 1 of the GPDO – GENERAL Appeal Decisions” – 2 additional appeal decisions (total = 1,166) …

The Part 1 of the GPDO - GENERAL Appeal Decisions document has been updated to include 2 additional appeal decisions relating to householder permitted development legislation, for which the conclusions are as follows:

July 2019 - Code a01060 (appeal dismissed):

  • This appeal decision provides an example of where it was concluded that a relatively short width of wall is “a wall forming a side elevation”. (*)
    [Note: The wall is two-storey, and has width approx 1.5m].
  • The side wall of an original (part-width) rear projection (i.e. the side wall facing the infill area) is “a wall forming a side elevation”. (*)
    [Note: The original rear projection is two-storey].
  • For example, an extension to the side of an original (part-width) rear projection where the extension has a width greater than half the width of the original house is not permitted development. (*)
  • An original side wall that has been (entirely) removed still constitutes “a wall forming a side elevation of the original dwellinghouse”. (*)
    [Note: Relates to the side wall of an original (part-width) two-storey rear projection].
    [Quote: “It should also be noted that if a proposed extension would extend beyond the line of an original side elevation, but that side elevation would be demolished as part of the proposed development, the restrictions in A.1.(j) would still apply. This is because the limitations to permitted development are based on the original dwellinghouse and apply even if part of the original is removed.”].
  • This appeal decision states, or implies, that the successful completion of the prior approval process is not legally equivalent to confirmation that the proposed development would be lawful (i.e. confirmation that it would comply with all of the other limitations and conditions of Part 1 Class A). (*)

July 2019 - Code a01059 (appeal dismissed):

  • [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 1 of the GPDO - GENERAL 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.