“GPDO Part 1 (All Classes) – LDC Appeal Decisions” – 3 additional appeal decisions (total = 1,462) …

The "GPDO Part 1 (All Classes) - LDC 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:

November 2021 - Code a01356 (appeal allowed):

  • For an application under section 192 (proposed), the (hypothetical) question is whether the works would be lawful if begun at the time of the application. (*)
  • For example, for an application under section 192 (proposed), if the property was a “dwellinghouse” at the time of the application, but the property is not a “dwellinghouse” by the date the application is determined, then the works should be assessed on the basis that the property is a “dwellinghouse”. (*)
  • This appeal decision provides an example of where a property has an existing extension, and the Inspector concluded that the phrase “the enlarged part of the dwellinghouse” does not apply to the subsequent alteration of this existing extension. [Note: In other words, the alteration of this existing extension should not be assessed against those limitations and conditions of Class A that apply to “the enlarged part of the dwellinghouse”].
    [Note: The works would alter an existing single storey side infill and rear extension (with length approx 14.2m/8.7m) by replacing a garage door with a pair of doors, and by installing a window and 3 rooflights].
    [Quote: “The Council argues that the garage is more than 3 metres beyond the rear wall of the dwellinghouse, and thus conflicts with this criterion. However, the criterion refers to the “enlarged part of the dwellinghouse”. The proposal does not involve an enlargement, merely the alteration of the roof and front and rear elevations. No additional floorspace or volume would be created, as the existing structure would be utilised. Accordingly, the development would not conflict with this criterion, nor would it conflict with the other criteria of Class A, as acknowledged by the Council. Accordingly, I find that the development proposed would, at the date of the application, be lawful as it would benefit from the deemed permission granted by the Order.”].

November 2021 - Code a01355 (appeal allowed):

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November 2021 - Code a01354 (appeal dismissed):

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  • 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.