“GPDO Part 1 (All Classes) – LDC Appeal Decisions” – 4 additional appeal decisions (total = 1,526) …

The "GPDO Part 1 (All Classes) - LDC 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:

April 2022 - Code a01420 (appeal dismissed):

  • This appeal decision provides an example of where a property has an existing extension, and the Inspector concluded that the phrase “the enlarged part of the dwellinghouse” does apply to the subsequent alteration of this existing extension. [Note: In other words, the alteration of this existing extension should be assessed against those limitations and conditions of Class A that apply to “the enlarged part of the dwellinghouse”].
    [Note: The works would alter an existing single storey rear extension (conservatory) by replacing its mono-pitched roof with a new mono-pitched roof (with a steeper pitch and a higher ridge-line)].
    [Quote: “The development would comprise the glazed roof of the existing conservatory being removed and a new tiled roof with a different pitch replacing it. The alteration to the pitch of the roof would increase the height of the roof where it meets the rear wall of the house. As such, the new roof would enclose a slightly greater volume than the existing roof. That increase in enclosed volume would constitute an enlargement of the dwellinghouse, even though that enlargement would be small in size.”].
  • 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. (*)

April 2022 - Code a01419 (appeal dismissed):

  • The conditions about materials (i.e. A.3(a) and B.2(a)) do affect the shape or size of windows. (*)
    [Note: The face of the rear dormer would contain a (rectangular) door/window (with width approx 3.1m and height approx 1.7m)].
    [Quote: “The Permitted Development Rights for Householders – Technical guidance 2019 explains the rules on permitted development for householders, what these mean and how they should be applied in particular sets of circumstances. Related to Condition B.2(a) it states that “Window Frames should also be similar to those in the existing house in terms of their colour and overall shape” (my emphasis). The large oblong door/window shown to be installed in the rear wall of the dormer would not be similar to the vertical orientation and traditional shape of the windows in the floor below on rear elevation of the existing house. It would also not be similar to the proportions and shape of the larger ground floor patio doors on this elevation. Consequently, condition B.2(a) would not be complied with. As such, the proposed dormer would not have planning permission granted by the GPDO and it could not therefore be lawful.”].

April 2022 - Code a01418 (appeal allowed):

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

April 2022 - Code a01417 (appeal dismissed):

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

Notes:

  • To view the conclusions, summaries, and decision notices for any of the above appeals, please view the "GPDO Part 1 (All Classes) - LDC Appeal Decisions" document. As a member of the Planning Jungle website, you can view the decision notices for all of the appeals on the website 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.