“Part 1 of the GPDO – GENERAL Appeal Decisions” – 1 additional appeal decision (total = 1,398) …

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

April 2021 - Code a01292 (split decision):

  • This appeal decision provides an example of where it was concluded that a particular structure does constitute a “building or enclosure” for the purposes of Class E.
    [Note: The structure is a “sun wall” with length approx 8.6m and height “under 2m”].
    [Quote: “The council takes the view that the proposed sun wall would not require planning permission. Drawing 02-07 shows the position of the proposed sun wall to the north of the house and describes the proposal on the application form “to be under 2m in height and comply with Part 2 Class A – gates, fences, walls etc of GDPO (sic) 2015”. However, Part 2 Class A is solely concerned with means of enclosure, and based on the limited information before me, it seems that the proposed sun wall would not form an enclosure but rather a building. For the purposes of interpretation of the GPDO, section 1(2) defines “building” as including any structure or erection. It includes any part of a building, but excludes gates, fences walls and other means of enclosure insofar as they are development within the curtilage of a dwellinghouse. Consequently, the sun wall would stand to be considered under the provisions of Part 1, Class E of the GPDO rather than Part 2, Class A. Notwithstanding the reference to Part 2, Class A within the description for this element of the proposal, I am of the view that I have been provided with details on drawing 02-07 to show the position of the sun wall and I have no reason to doubt that it would be for a purpose incidental to the enjoyment of the dwellinghouse. Furthermore, the height of the structure is stated as being no more that 2m in height. Consequently, I consider that the proposed sun wall would be PD when considered under the provisions of Part 1, Class E.”].

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.