“Part 1 of the GPDO – GENERAL Appeal Decisions” – 3 additional appeal decisions (total = 1,533) …

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:

May 2022 - Code a01427 (appeal dismissed):

  • This appeal decision states, or implies, that for the purposes of section 191(2) of the TCPA 1990, the works do not constitute a contravention of the requirements of an enforcement notice (EN) after the EN has been complied with.
    [Quote: “Furthermore, s181 does not remove permitted development rights, it ensures only that the requirements of an enforcement notice have an enduring effect. Once the terms of an enforcement notice have been complied with, then the property would benefit from rights under Class E, Part 1, Schedule 2, Article 3 of the GPDO.”].
  • This appeal decision states, or implies, that for the purposes of section 191(2) of the TCPA 1990, the works do not constitute a contravention of the requirements of an enforcement notice (EN) before the EN is in force.
    [Quote: “The Council issued an enforcement notice on 26 August 2020 requiring two existing outbuildings on land at [the application site] to be demolished and removed from the Land. It further stated that the notice would take effect on 7 October 2020, unless an appeal is made against it. One of those alleged unlawful outbuildings is situated on the land where the outbuilding proposed in this appeal would be sited. Section 175 (4) of the 1990 Act states that where an appeal is brought under section 174 the enforcement notice shall [subject to any order under s.289(4A)] be of no effect pending the final determination or the withdrawal of the appeal. The enforcement notice issued on 26 August 2020 is the subject of outstanding appeals dated 2 October 2020. Consequently, there was no enforcement notice in effect when the Council made their decision on the application the subject of this appeal.”].

May 2022 - Code a01426 (appeal dismissed):

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May 2022 - Code a01425 (appeal dismissed):

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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.