“GPDO Part 1 (All Classes) – LDC Appeal Decisions” – 4 additional appeal decisions (total = 1,339) …

The "GPDO Part 1 (All Classes) - LDC Appeal Decisions" document has been updated to include 4 additional appeal decisions relating to householder permitted development legislation, for which the conclusions are as follows:

October 2020 - Code a01233 (appeal allowed):

  • This appeal decision provides an example of where the Inspector, when assessing whether works would be permitted development, concluded that an extant planning permission (i.e. a previous PP that has not been implemented) should not be taken into consideration.
    [Note: The extant PP is subject to a condition that would remove permitted development rights.  The Inspector concludes that (before this PP has been implemented) this condition should not be taken into account when assessing whether a proposed outbuilding would be PD].
    [Quote: “The rear single storey extension and demolition of the existing garage permitted under CB/19/03761/FULL had not commenced at the date of the LDC application, nor had it so at the time of my visit to the appeal site. Clearly therefore, the planning permission has not been implemented, and if not commenced beforehand will expire after 3 years on 18 December 2022. The Council consider that C5, removing PD rights for Class E buildings, came into effect the moment the planning permission was granted. However, this is not the case. The appellant’s development of his land is not controlled by the conditions attached to CB/19/03761/FULL unless and until he implements that planning permission. That the permission exists, by itself, does not prevent him from first implementing an alternative planning permission that was already available to him – i.e. that granted by the GPDO for Class E buildings. I am unaware of any Court judgments that would suggest otherwise and the Council have not referred to any. While the appellant might find some difficulty in constructing the proposed garage, without first making alterations to the access and gap to the side of the existing garage, that is a matter for him to resolve. I see no reason why that would prevent the proposed development from being constructed lawfully under Class E.”].

October 2020 - Code a01232 (appeal allowed):

  • It is possible to issue an LDC under section 192 (proposed) for a larger rear extension (i.e. if the developer has successfully completed the prior approval process). (*)

October 2020 - Code a01231 (appeal allowed):

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

October 2020 - Code a01230 (appeal dismissed):

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


  • 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.