“Part 1 of the GPDO – GENERAL Appeal Decisions” – 4 additional appeal decisions (total = 1,598) …

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:

November 2022 - Code a01492 (appeal allowed):

  • Where a property has eaves at different levels, then the phrase “the height of the eaves of the existing dwellinghouse” within A.1(d) refers to the closest eaves level (or the eaves level on the same elevation of the existing house). (*)
    [Quote: “The plans show that the proposed development would not extend beyond the front and rear walls of the dwellinghouse. The enlarged part of the building is therefore the side not the rear. Consequently, the relevant eaves height measurement in respect of A.1.(d) is against the eaves height of the side elevation not the rear elevation. In relation to the side elevation the existing eaves height is at two storey level, significantly above the eaves height of the proposed side extension. The existing rear extension against which the Council has judged the lawfulness of the proposed development is shown on the plans as entirely contained on the rear wall of the building. Thus, it is not on the same part of the building to be enlarged by the proposed development and is the incorrect reference point in this case. The eaves height of the side extension would not exceed the height of the eaves of that part of the dwellinghouse being enlarged, improved or altered, which in this case is the side of the dwelling. As such the proposed development falls within the provisions of Part 1 Class A, in that regard.”].
  • The height of a structure should be measured from the highest part of the adjacent ground level (i.e. rather than from each part of the adjacent ground level). (*)
    [Note: The structure is an extension].
  • This appeal decision provides an example of where it was concluded that a structure is “immediately adjacent” to a particular piece of ground.
    [Conclusion: The extension (which runs along a boundary) is immediately adjacent to the ground level of the neighbouring property].
    [Quote: “Part 1 Class A establishes, at A.1.(i), that development is not permitted if the enlarged part of the dwellinghouse would be within 2 metres of the boundary of the curtilage of the dwellinghouse, and the height of the eaves of the enlarged part would exceed 3 metres. I asked the parties to advise of their respective positions given this restriction. In the light of the further information provided by the appellant I have been able to confirm that the proposed extension meets this limitation. This is because the eaves height is measured from adjacent ground which in this case is the ground level of the neighbour’s driveway.”].

November 2022 - Code a01491 (appeal dismissed):

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November 2022 - Code a01490 (appeal dismissed):

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October 2022 - Code a01489 (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.