“Part 1 of the GPDO – GENERAL Appeal Decisions” – 3 additional appeal decisions (total = 1,195) …

The Part 1 of the GPDO - GENERAL 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:

November 2019 - Code a01089 (appeal dismissed):

  • A sui generis house in multiple occupation (i.e. a “large HMO”) can benefit from Part 1 of the GPDO. (*)
    [Quote: “It is a matter of fact and degree as to whether a larger sui generis HMO such as in this case would meet the normal definition of a dwellinghouse, for Part 1 permitted development rights to apply. The building contains bedrooms, bathrooms, toilets and places to cook. It is used more intensively than a Class C3 dwellinghouse or Class C4 HMO and does not have communal areas although there is space outside, within the main part of the kitchen and in some of the bedrooms which are of sufficient size to enable some social interaction between occupants. In my view, the building does contain the facilities required for normal day to day private domestic existence. The facilities are contained within a single planning unit rather than being completely separate in a functional sense with shared areas or in terms of occupation. The building does not therefore contain flats. In relation to the first main issue, the building is a dwellinghouse for the purposes of the GPDO permitted development rights under the provisions of Part 1 and therefore applied to the building at the time of the application.”].

November 2019 - Code a01088 (appeal dismissed):

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

November 2019 - Code a01087 (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.