“Part 1 of the GPDO – GENERAL Appeal Decisions” – 5 additional appeal decisions (total = 1,505) …

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:

March 2022 - Code a01399 (appeal dismissed):

  • Any wall that cannot be identified as being a front wall or a rear wall will be “a wall forming a side elevation”.
  • The side wall of an original (part-width) rear projection (i.e. the side wall facing the infill area) is “a wall forming a side elevation”. (*)
    [Note: The original rear projection is single storey].
  • For example, an extension to the side of an original (part-width) rear projection where the extension has a width greater than half the width of the original house is not permitted development. (*)
  • This appeal decision provides an example of where it was concluded that a relatively short width of wall is “a wall forming a side elevation”. (*)
    [Note: The wall is single storey, and has width approx 1.6m].
  • 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 wall of an original (part-width) single storey rear projection].
    [Quote: “According to Drawing No ARNGASK 01/2021 (Revision A02), the rear extension would extend across the entire width of the original dwellinghouse and would replace a rear projecting element containing a WC. I have not seen evidence from the appellant to satisfy me on the balance of probabilities that this rear projection does not form part of the original dwellinghouse. Accordingly, and notwithstanding what the Council decided in respect to the neighbouring extension, the appeal development would extend beyond a wall forming a side elevation of the original dwellinghouse since it would extend beyond the side wall of the rear projection of the property. The limitations to permitted development are based on the original dwellinghouse and apply even if part of the original is removed. They therefore apply in this case notwithstanding that the side wall of the existing rear projection would be demolished as part of the proposed development.”].

March 2022 - Code a01398 (appeal allowed):

  • In the second of the above diagrams, “Roof Extension B” does comply with B.1(c). [Note: The diagrams are viewable within the “Extend beyond” topic of this document]. (*)
    [Note: The property has a front gable end, but does not have a recessed front roof].

February 2022 - Code a01397 (appeal allowed):

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

February 2022 - Code a01396 (appeal allowed):

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

February 2022 - Code a01395 (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.