“Part 1 of the GPDO – GENERAL Appeal Decisions” – 4 additional appeal decisions (total = 1,594) …

The Part 1 of the GPDO - GENERAL 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:

October 2022 - Code a01488 (appeal dismissed):

  • More than one wall facing the same direction can form “the principal elevation” (in the case where the elevation is staggered horizontally). (*)
  • More than one wall facing the same direction can form “the principal elevation” (in the case where the elevation is staggered vertically).
  • More than one roof slope facing the same direction can form “the principal elevation”. (*)
  • This appeal decision provides an example of where it was concluded that a roof slope that’s significantly set back from a forward projection of the property does form part of “the principal elevation”.
    [Note: The roof slope is set back by approx 4.0m].
  • In the first of the above diagrams, “Roof Extension A” does not comply with B.1(c). [Note: The diagrams are viewable within the “Extend beyond” topic of this document]. (*)
    [Note: The roof extension extends directly rearward onto the corner part of the recessed front roof].
  • This appeal decision provides an example of where it was concluded that the determination of “the principal elevation of the dwellinghouse” (i.e. where this phrase does not include the term “original”) should be based on the property as it exists (immediately) prior-to-works. [Note: In other words, “dwellinghouse” means “existing” dwellinghouse].
    [Note: Relates to B.1(c) of the GPDO 2015].
    [Quote: “In this case, the principle [sic] elevation comprises of the two-storey bay window, the porch and the staggered ground and first floor elevation to the side that fronts the road. It follows that, even though the two-storey side extension only modestly increased the dwelling’s original roof space, the part of its hipped roof fronting the road now forms part of the dwelling’s existing roof slope which forms part of the principal elevation of the dwelling facing a highway. Consequently, even if the original roof space of the property would not be extended by more than 50m3, the development subject of this appeal would extend in front of the forward part of the hipped roof to the two storey side extension. This is because paragraph B.1(c) of the GPDO states that development is not permitted by Class B if any part of the dwellinghouse would, as a result of the works, extend beyond the plane of any existing roof slope (my emphasis) which forms the principal elevation of the dwellinghouse and fronts a highway.”].
  • Where an application under section 192 (proposed) is made for a roof extension that’s contrary to Class B and a roof alteration that complies with Class C, then this appeal decision provides an example of where the Inspector concluded that an LDC should be refused with respect to both the roof extension and the roof alteration. [Note: In other words, the Inspector did not issue a split decision]. (*)
    [Note: The Inspector dismissed the appeal with respect to a “alterations to roof to form end gable to assist the introduction of a rear dormer and two additional rooflights to front roof slope”].
    [Quote: “The intended purpose of the works is to create additional rooms in the loft. To achieve this, the dormer roof extension is required to facilitate access from the first floor of the property and to provide the desired space and head height to make the rooms usable. The roof lights proposed in the front roof plane would serve the baby room and bedroom 4, and whilst they would be development which is permitted by Class C of the GPDO, as the roof lights intended purpose would not be functionally severable from the dormer roof extension and loft conversion, I am, on this occasion, unable to issue a split decision.”].

October 2022 - Code a01487 (appeal allowed):

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October 2022 - Code a01486 (appeal allowed):

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October 2022 - Code a01485 (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.