“Part 1 of the GPDO – GENERAL Appeal Decisions” – 5 additional appeal decisions (total = 1,500) …

The Part 1 of the GPDO - GENERAL Appeal Decisions document has been updated to include 5 additional appeal decisions relating to householder permitted development legislation, for which the conclusions are as follows:

February 2022 - Code a01394 (appeal allowed):

  • A C4 house in multiple occupation (i.e. a “small HMO”) does benefit from Part 1 of the GPDO. (*)
    [Quote: “Although this is a matter that has not been examined by the Courts, Class C4 is defined in the UCO itself as use of a dwellighouse [sic] by not more than six residents as a “house in multiple occupation” (emphasis added). It follows that, in order to qualify as a HMO for the purposes of Class C.4. of the UCO, the property must first be a dwellinghouse. There is no definition of the term ‘dwellinghouse’ in the 1990 Act but it was accepted in Gravesham BC v SSE & O’Brien [1983] JPL 306 that the distinctive characteristic of a dwellinghouse was its ability to afford to those who used it the facilities required for day-to-day private domestic existence. Part I, Schedule 2 of the GPDO permits development within the curtilage of a dwellinghouse. The provisions within Class C, which fall under the umbrella of Part 1, Schedule 2 of the GPDO, therefore relate to dwellinghouses in general. Given that a property in use as a HMO under Class C4 of the UCO is also a dwellinghouse, I consider that HMOs have the benefit of permitted development rights under Part 1, Schedule 2 of the GPDO. This includes the provisions within Class C of Part 1 relating to alterations to the roof of a dwellinghouse.”].

February 2022 - Code a01393 (appeal dismissed):

  • This appeal decision provides an example of where it was concluded that a particular structure does constitute a “verandah, balcony or raised platform”. [Note: In other words, such a structure is prevented by the limitations about balconies (i.e. A.1(k), B.1(e), and E.1(h))].
    [Conclusion: The decking on one side of an outbuilding, 1) part of which (with area (approx) 24m2) is outside the outbuilding and has a balustrade, and 2) part of which (with area (approx) 19m2) is inside the outbuilding (surrounding a “swim spa”), covered by a roof, and enclosed on 4 sides by glazed doors and windows, is a “verandah”].

February 2022 - Code a01392 (appeal dismissed):

  • [Note: To view this information, please log onto the website with a current membership.]

February 2022 - Code a01391 (appeal dismissed):

  • [Note: To view this information, please log onto the website with a current membership.]

February 2022 - Code a01390 (appeal allowed):

  • [Note: To view this information, please log onto the website with a current membership.]

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.