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:
June 2022 - Code a01440 (appeal allowed):
- The determination of “rear wall of the original dwellinghouse” should be based on the property as it existed on 01/07/1948 or, if built after that date, as so built.
[Quote: “There is no doubt about the depth of the addition proposed, which would project rearward of the existing property by 3m (measured along the ground). The issue is whether the whole of the existing ground floor rear wall is the rear wall of the original dwellinghouse or whether, as the Council contends, it is partly a later addition. In this case, in accordance with Article 2 of the GPDO, ‘original’ means as existing on 1 July 1948. Accordingly, my decision hinges on whether the existing single storey rear projection was, on the balance of probability, built before or after 1 July 1948. It appears that these houses were originally built with a single storey projecting element at the rear. However, these did not occupy the full width of the property. It is the appellant’s case that the appeal property was modified during or soon after its construction (well before 1948) to extend the ground floor element across the full width of the building. It remained a flat-roofed structure at that point, a pitched roof being added later. Thus, the ground-floor structure and, crucially, its rear wall, is said to be ‘original’ for the purposes of the GPDO. [...] Viewed as a whole, I consider that the structure now in place formed the rear elevation of the property on 1 July 1948. The proposed extension would not project more than 3m rearward of it. Consequently, the limitations imposed by A.1(f) and A.1(ja) would be met.”].
- The rear wall of an original (part-width) rear projection does form part of “the rear wall”.
[Note: The original rear projection is single storey (and is actually full-width)].
June 2022 - Code a01439 (appeal dismissed):
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- 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.