“GPDO Part 1 (All Classes) – LDC Appeal Decisions” – 2 additional appeal decisions (total = 1,610) …

The "GPDO Part 1 (All Classes) - LDC 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:

December 2022 - Code a01504 (appeal dismissed):

  • The term “eaves” does apply to the edge of a flat roof. (*)
  • 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: This appeal decision implies (rather than states) this conclusion].
    [Note: The structure is an extension].
  • In particular, the height of an extension should be measured from the highest part of the ground level that’s adjacent to the extension (i.e. not the highest part of the ground level that’s adjacent to the main house). (*)
    [Quote: “The proposed extension would be built on ground that is not level. Article 2(2) of the GPDO says “… any reference in this Order to the height of a building… is to be construed as a reference to its height when measured from ground level; and for the purposes of this paragraph “ground level” means the level of the surface of the ground immediately adjacent to the building … or, where the level of the surface of the ground on which it is situated or is to be situated is not uniform, the level of the highest part of the surface of the ground adjacent to it.” The Technical Guidance [Permitted Development Rights for Householders, Technical Guidance, September 2012, MHCLG] says something very similar but as the Order is the legislation, I have focussed on the wording of the Order. Since the building referred to in Class A is the enlarged part of the dwellinghouse, i.e., an extension, I consider that the relevant building referred to under Article 2(2) is the proposed extension. Therefore, my interpretation of the height limit is that the ground level should be taken from the highest part of the surface of the ground adjacent to the extension. It is not, therefore, to be taken from the highest part of the surface of the ground adjacent to any other part of the dwellinghouse.”].

December 2022 - Code a01503 (appeal dismissed):

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Notes:

  • To view the conclusions, summaries, and decision notices for any of the above appeals, please view the "GPDO Part 1 (All Classes) - LDC Appeal Decisions" document. As a member of the Planning Jungle website, you can view the decision notices for all of the appeals on the website 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.