“Part 1 of the GPDO – GENERAL Appeal Decisions” – 2 additional appeal decisions (total = 1,192) …

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:

November 2019 - Code a01086 (appeal dismissed):

  • This appeal decision provides an example of where it was concluded that a particular piece of land is not within the “curtilage” of the property.
    [Note: The land is approx 14m-16m from the main house and separated from the main house by a wall/fence].
  • Furthermore, the above was concluded even though it was accepted that the piece of land is within the applicant’s ownership / unit of occupation / planning unit / etc.
    [Quote: “Regarding ownership, it is clear from the Land Registry title that the appellant owns the area of land outside the boundary wall/fence along the side of, and to the rear of the house. [...] The fact of ownership does not in itself predicate the use of land. Indeed, land in the same ownership can well be in several uses. I understand this area is shown on the approved plans for the estate as a landscape buffer behind the back gardens of nos. 40 and 42. In my opinion this area functions as part of the landscaping of the estate rather than being used in conjunction with the dwellings themselves. The grassy area is separate and distinct from the back garden attached to the house, and those two pieces of land do not have the appearance of being within the same enclosure. In my opinion on the balance of probabilities the grassy area cannot be said to be part and parcel of the garden land immediately associated with the house and does not therefore form part of the curtilage of no. 40. It follows that the proposed construction of a garden store does not benefit from the allowances under Class E of Part 1 to Schedule 2 of the GPDO.”].

November 2019 - Code a01085 (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.