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:
January 2022 - Code a01380 (appeal dismissed):
- Where a hard surface (under Class F) would be used in connection with a means of access to a highway (/ dropped kerb / vehicle crossover) that would not be lawful, then an LDC for the hard surface should be refused on this basis.
[Note: The submitted drawings show that the parking space would have length 4.3m, and the Inspector states that “given the limited depth of the garden it is unlikely that the Highway Authority would grant approval for the construction of the crossover”.].
[Quote: “While the GPDO [note: this is referring to Part 2 Class B] permits the construction of a means of access to a highway, permission would also be required from the Highway Authority for the construction of the crossover. [...] Although the proposed plan shows a vehicle parked to the front of the dwelling, given the limited depth of the garden it is unlikely that the Highway Authority would grant approval for the construction of the crossover. Consequently, the hard surface is very unlikely to be used for the parking of a vehicle. No other purpose has been identified for the hard surface. It has therefore not been demonstrated that the hard surface would be used for a purpose incidental to the enjoyment of the dwellinghouse and, since the development would not result in a parking space, no vehicular access is required. Thus, for the reasons given above, the hardstanding and dropped kerb is not permitted by Class F of Part 1 and Class B of Part 2 of Schedule 2 of the GPDO.”].
January 2022 - Code a01379 (appeal allowed):
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January 2022 - Code a01378 (appeal dismissed):
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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.