The Part 1 of the GPDO - GENERAL Appeal Decisions document has been updated to include 2 additional appeal decisions relating to householder permitted development legislation, for which the conclusions are as follows:
April 2022 - Code a01422 (appeal allowed):
- For the purposes of the post-15/04/2015 version(s) of Part 1 of the GPDO, the term “highway” means a way over which members of the public have the right to pass and repass.
- For the purposes of the post-15/04/2015 version(s) of Part 1 of the GPDO, this appeal decision provides an example of where it was concluded that a particular way or piece of land is not a “highway”.
[Note: The way (or piece of land) is an unadopted cul-de-sac that provides vehicular and pedestrian access to a number of properties. The Inspector states that all except one of these properties “remain within the ownership of the appellant, as does the driveway”, and states that “The owner of the separate property has a right of access”].
- This appeal decision provides an example of where the Inspector highlights the difference between a private way and a private driveway.
[Quote: “The council consider that whilst the access may be used as a ‘driveway’, the land is also used to access the parking area to the rear of Nolands Farmhouse. It is regarded that the driveway is shared and is therefore a ‘private way’ which falls within the definition of a highway and that this land is immediately adjacent to the proposed extension. [...] The appellant argues that the access historically served Nolands Farm only, all the properties excluding a converted barn/former B&B property remain within the ownership of the appellant, as does the driveway. The owner of the separate property has a right of access and with nothing beyond Nolands Farm, the driveway functions solely and appears visually as a ‘private driveway’, not a ‘private way’. [...] The council refer to an appeal decision [“March 2016 - Code a00678”] where an Inspector determined that, as there was no definition in legislation of a ‘private driveway’, for the purposes of that appeal, they accorded it a “common sense meaning as a private road for vehicles that connects a house or garage to the highway.” The appellant has provided the decision letter and a site plan which shows the relationship between the appeal property and the highway. Here [note: this is referring to “March 2016 - Code a00678”], the highway is a named ‘private’ road and clearly provides access to several individual properties which sit in a linear form. The circumstances of the example provided by the council are not comparable with the appeal before me.”].
April 2022 - Code a01421 (appeal dismissed):
- [Note: To view this information, please log onto the website with a current membership.]
- 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.