“Part 1 of the GPDO – GENERAL Appeal Decisions” – 6 additional appeal decisions (total = 1,353) …

The Part 1 of the GPDO - GENERAL Appeal Decisions document has been updated to include 6 additional appeal decisions relating to householder permitted development legislation, for which the conclusions are as follows:

November 2020 - Code a01247 (appeal allowed):

  • Class G can be used concurrently with other Classes. (*)
  • For example, a proposed roof extension under Class B can include the installation or alteration of a chimney / flue / SVP under Class G. (*)
    [Note: The works include the removal of a chimney].
  • Class G does allow the removal of an existing chimney (i.e. as well as allowing the alteration or replacement of an existing chimney).
  • This appeal decision provides an example of where it was concluded that particular works do fall within the scope of Class B, on the basis that the works do not exceed what constitutes “the enlargement of a dwellinghouse consisting of an addition or alteration to its roof”. (*)
    [Note: The works include 2 x hip-to-gable roof extensions].
    [Quote: “The Council suggest that little of the existing roof structure will remain as a result of the propose development. As such, the works would not amount to an addition or alteration to the existing roof. It is suggested that for this reason the development would not benefit from the provisions of Class B. I note that the development would result in the removal of the side roof slopes of the main roof structure and that the existing ridge of the roof (running from the front roof slope to the rear) would be replaced with a rectangular flat roof section described by the appellant as a crown. I also note that the chimney would be removed from the rear roof slope. Notwithstanding this, the plans submitted confirm that the existing front and rear roof slope together with all roof slopes comprised in the side addition would be retained. Furthermore, the appellants confirm in their submissions that the internal structures supporting the existing front and rear roof slopes would also be retained and that this would be extended either side to meet the new gables. The Council suggest that structural information is required to demonstrate how the above would be achieved. However, evidence provided by the appellant is sufficient to demonstrate that the proposed development can be constructed as an extension to the existing roof. Notwithstanding this, the LDC granted in this case is for the development proposed in the application. It would not apply to development that is materially different from the proposed scheme, including development that would involve the replacement of the roof entirely or the replacement of elements of the roof that are indicated as being retained on the information submitted. [...] Having regard to all of the above, I am satisfied that on the balance of probability the development as proposed would include the enlargement of a dwellinghouse consisting of an addition or alteration to its roof. It would, therefore, be permitted by Class B, of Part 1, Article 3, Schedule 2 of the Order.”].

November 2020 - Code a01246 (split decision):

  • Where a property has an existing (non-original) extension with a roof that does not join onto the roof of the main house, then this existing extension does reduce the volume (i.e. “cubic content”) that remains under B.1(d) for further extensions.
    [Note: The ridge-line of the existing single storey side extension and the ridge-line of the existing porch are at a slightly lower level and a significantly lower level (respectively) than the eaves of the main front and rear roof of the two-storey house].

November 2020 - Code a01245 (appeal dismissed):

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

November 2020 - Code a01244 (appeal dismissed):

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

November 2020 - Code a01243 (appeal dismissed):

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

October 2020 - Code a01242 (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.