“Part 3 Class M of the GPDO – Appeal Decisions” – 3 additional appeal decisions (total = 150) …

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

October 2020 - Code P3CM-150 (appeal allowed):

  • This appeal decision was assessed against the issues specified by paragraph M.2 as follows:
    - “transport and highways impacts” = acceptable (minimal assessment).
    - “contamination risks” = no assessment.
    - “flooding risks” = no assessment.
    - “impact of the change of use” = acceptable (detailed assessment).
    - “design or external appearance” = no assessment.
    - “adequate natural light” = no assessment.
  • This appeal decision provides an example of where the Inspector, when considering issue M.2(1)(d), assessed the impact of the change of use on adequate provision of services (albeit only where there is a reasonable prospect of the building being used to provide such services) and concluded that this would be acceptable.
    [Quote: “The retail unit is understood to have been marketed continuously since April 2019. A further update, including detail of the marketing, recipients of marketing materials and subsequent interest has been provided, dated 30th January, by the appellant as part of the appeal and which parties have opportunity to comment on. Although the Council infer that an adequate marketing period would be 12 months for such a proposal this is not a specific requirement of the GPDO. I also noted at the time of my visit, the unit appeared to be being marketed as previously confirmed by the appellant. I have no substantive evidence before me to consider that the property has been the subject of an unrealistic valuation. The lack of apparent interest in the retail unit demonstrates there is no reasonable prospect of the retail unit being used to provide retail services in future.”].
  • This appeal decision provides an example of where the Inspector, when granting prior approval, decided that a particular condition (or s106 agreement) should be imposed.
    [Note: Condition requiring compliance with the approved drawings].
  • This appeal decision provides an example of where the Inspector, when granting prior approval, decided that a particular condition (or s106 agreement) should not be imposed.
    [Note: Conditions relating to access and parking provision].

October 2020 - Code P3CM-149 (appeal allowed):

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

October 2020 - Code P3CM-148 (4 x appeal allowed):

  • [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 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).