“GPDO Part 1 (All Classes) – LDC Appeal Decisions” – 2 additional appeal decisions (total = 1,624) …

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:

February 2023 - Code a01518 (appeal allowed):

  • This appeal decision provides an example of where an application under section 191 (existing) was assessed on the basis of the actual works that have been carried out on the site (i.e. rather than the hypothetical works that are shown on the submitted drawings). (*)
  • This appeal decision provides an example of where a condition (on a previous planning permission) does not (directly) remove permitted development rights, and the Inspector concluded that the development is not contrary to this condition.
    [Note: The condition states “Notwithstanding the details submitted with the application, any access afforded to the roof of the [single storey rear] extension hereby permitted shall be only for the inspection and maintenance of the roof.”].
    [Quote: “The Council has also referred to a planning condition that was imposed on the planning permission for a single-storey rear extension which I have taken from the context of the statements, to mean the building upon which the railings have been constructed. The condition states: “Notwithstanding the details submitted with the application, any access afforded to the roof of the extension hereby permitted shall be only for the inspection and maintenance of the roof.” The planning condition therefore does not prevent the construction of developments that would not normally require planning permission. It does not for instance remove PD rights under the provisions of the GPDO but it does seek to prevent the use of the roof other than in the limited circumstances specified. Whilst the railings that have been erected make any access to the roof safer, their construction does not breach the planning condition.”].
  • This appeal decision provides an example of where it was concluded that particular works should be assessed against Class C (i.e. rather than Class A or Class B).
    [Note: The works include the installation of railings around an existing flat roof].

January 2023 - Code a01517 (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.