“Part 3 Class M of the GPDO – Appeal Decisions” – 1 additional appeal decision (total = 134) …

The Part 3 Class M of the GPDO - Appeal Decisions document has been updated to include 1 additional appeal decision relating to retail-(etc)-to-residential conversions, for which the conclusions are as follows:

January 2020 - Code P3CM-134 (appeal dismissed):

  • This appeal decision was assessed against the issues specified by paragraph M.2 as follows:
    - “transport and highways impacts” = no assessment.
    - “contamination risks” = no assessment.
    - “flooding risks” = no assessment.
    - “impact of the change of use” = no assessment.
    - “design or external appearance” = no assessment.
  • This appeal decision provides an example of where it was concluded that the building was not used as retail (etc) on 20/03/2013 or (if not in use on that date) when it was last in use. [Note: In other words, the proposed development would not comply with M.1(a)].
    [Quote: “There is an extensive planning history recorded for No 410. However, much of this appears to relate to the glass shop and not to the metal workshop: for example, planning Ref P2013/2496/FUL. None of the cited site history evidence leads me to conclude the site was in use as A1 shops, as defined in the Use Classes Order, for the purposes of this appeal. Whether or not the appeal site and the glass shop share the same building number on Ordnance Survey and street maps does not override the fact that the units are physically sub divided; have separate site histories and uses; and separate business rates and addresses in the VOA record. Nor would a location within an identified planning policy area, such as a shopping frontage or Local Shopping Centre, conclusively confirm the use of a particular building, or any part thereof, for the purposes of the GPDO or the Use Classes Order. Taking all the above into account I conclude that, on the balance of probabilities, the appeal site was not in use as Class A1 shops on 20 March 2013.”].

Notes:

  • To view the conclusions, full summaries, and decision notices for any of the above appeals, please view the Part 3 Class M of the GPDO - 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.
  • The above document also includes 5 "Potential fallback position" appeals, which are NOT summarised (only listed).