“Part 1 of the GPDO – GENERAL Appeal Decisions” – 4 additional appeal decisions (total = 1,466) …

The Part 1 of the GPDO - GENERAL Appeal Decisions document has been updated to include 4 additional appeal decisions relating to householder permitted development legislation, for which the conclusions are as follows:

November 2021 - Code a01360 (appeal dismissed):

  • In the above diagram, “Basement Extension A” is subject to the “extend beyond” type restrictions in relation to “Wall 1”. [Note: The diagrams are viewable within the “Extend beyond” topic of this document].
    [Note: The structure is the proposed enlargement (without a lightwell or any other external alterations) of an existing basement].
    [Quote: “The appellant argues that as the basement did not exist on 1 July 1948, the side elevations do not form any part of the original dwellinghouse. However, the relevant limitations refer to the side elevations of the original dwellinghouse, and do not specify that the side elevation must be at the same level above or below ground as the part of the dwelling to be extended."].
  • Where a proposed extension (under Class A) would be attached to an existing extension, then the phrase “[the] total enlargement” applies to the combined structure. [Note: In other words, the combined structure should be assessed against those limitations and conditions of Class A that apply to “[the] total enlargement”].
    [Note: Relates to A.1(ja) (with respect to A.1(j)) of the GPDO 2015].
  • An original side wall that has been (entirely) removed still constitutes “a wall forming a side elevation of the original dwellinghouse”. (*)
    [Note: Relates to the side walls of 2 x original side projections].
    [Quote: “The appellant has provided two appeal decisions [“January 2010 - Code a00083” and “January 2011 - Code a00197”] where inspectors found that the side elevation of an original extension was demolished prior to the extension in question being constructed and therefore no longer formed the side elevation of the original dwelling. However, the GPDO does not state that the original dwellinghouse must still exist in its original form in order to qualify as the original. It has been established by case law that even if original walls are demolished then the limitations still apply. In any event, in this case, the original side elevations of the dwellinghouse are still in existence.”].

November 2021 - Code a01359 (appeal dismissed):

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November 2021 - Code a01358 (appeal dismissed):

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November 2021 - Code a01357 (appeal allowed):

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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.