“Part 1 of the GPDO – GENERAL Appeal Decisions” – 3 additional appeal decisions (total = 1,382) …

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:

February 2021 - Code a01276 (appeal dismissed):

  • This appeal decision provides an example of where a condition (on a previous planning permission) removes (some) permitted development rights by specifying particular works or Classes, and the Inspector concluded that the development is contrary to this condition.
    [Note: The condition refers to “extensions, porches and other buildings” (and refers to the GPDO 1995) but doesn’t refer to any particular Classes].
    [Quote: “Whilst it would have been preferable if the Council had specified the relevant part and classes of the GPDO which they were seeking to restrict, the terms of the condition are unambiguous. The effect is to remove those permitted development rights relating to extensions, porches and buildings which exist under Part 1 of the GPDO, being development within the curtilage of a dwellinghouse, so that an application for express planning permission is required for such developments.”].
  • This appeal decision provides an example of where a condition (on a previous planning permission) removes permitted development rights under a previous version of the GPDO but doesn’t refer to subsequent versions of the GPDO, and the Inspector concluded that the condition does remove permitted development rights under the current version of the GPDO.
    [Note: This appeal decision implies (rather than states) this conclusion].
  • The “curtilage” of a dwellinghouse can change over time (e.g. it can become larger, smaller, etc).
    [Quote: “In any case, it is possible for the extent of curtilage to change over time.”].
  • This appeal decision provides an example of where it was concluded that a particular piece of land is within the “curtilage” of the property.
    [Note: The land is approx 62m-67m from the main house].

February 2021 - Code a01275 (split decision):

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

February 2021 - Code a01274 (split decision):

  • [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.