“Part 1 of the GPDO – GENERAL Appeal Decisions” – 3 additional appeal decisions (total = 1,513) …

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:

March 2022 - Code a01407 (appeal dismissed):

  • The “height of the eaves” should be measured from the ground level at the base of the outside wall to the point where this wall would meet (if projected upward) the upper surface of the roof.
    [Note: The roof is pitched].
  • This appeal decision provides an example of where it was concluded that, for a particular property with eaves at different levels, the phrase “the height of the eaves of the existing dwellinghouse” within A.1(d) refers to an eaves level other than the highest eaves level. [Note: It’s not clear on what basis the Inspector chose the eaves level – e.g. because it’s the “lowest” eaves level, “closest” eaves level, “predominant” eaves level, etc]. (*)
  • 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 within a conservation area (or other article 2(3) land) 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 0.9m].
  • This appeal decision provides an example of where a property has a (relatively minor) projecting element that the Inspector concluded is “a wall forming a side elevation”.
    [Note: The projecting element is [similar to] an angled bay window (with length approx 0.9m-1.3m) on the rear elevation at ground floor level].
  • 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: “The rear of the appeal property contains an original projection which accommodates windows and French doors. It comprises two side walls with an angled rear wall. The proposed extension would include removal of part of the projection. The appellant refutes the Council’s position that the side wall of the projection forms a side elevation of the dwellinghouse. However, this matter was addressed by a previous Inspector in February 2021 [“February 2021 - Code a01274”]. In that instance, the appellant had appealed a previous refusal of an LDC application for, amongst other things, a single storey rear extension. The extension was larger than that proposed here. In that decision, the Inspector concluded that the side walls of the projection amounted to side elevations of the original dwellinghouse for the purpose of the GPDO. The appellant appears to have advanced similar arguments here as they did at the previous appeal. The fact that the side wall of the projection would be removed is a moot point, since one must consider the existence of the projection as it stands at the date the application was made. There is nothing before me to suggest circumstances have changed such that I could come to a different conclusion on this matter than the previous Inspector. Thus, it follows that the proposed extension would extend beyond a wall forming a side elevation of the original dwellinghouse and therefore fail to meet the limitation under A.2(b) of Class A.”].
  • In the second of the above diagrams, “Extension D” is subject to the “extend beyond” type restrictions in relation to “Wall 2”. [Note: The diagrams are viewable within the “Extend beyond” topic of this document].
    [Note: This appeal decision relates to “a wall forming a side elevation”].

March 2022 - Code a01406 (appeal dismissed):

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March 2022 - Code a01405 (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.