The "GPDO Part 1 (All Classes) - LDC 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:
February 2023 - Code a01522 (appeal dismissed):
- This appeal decision provides an example of where a condition (on a previous planning permission) removes (some) permitted development rights by specifying particular works or Classes, and the Inspector concluded that the development is contrary to this condition.
[Note: The condition requires that the garage “shall be used for the storage of private motor vehicles and ancillary domestic storage only” (and refers to the GDO 1977) but doesn’t refer to any particular Classes].
[Quote: “The proposal would include replacing the existing garage door on its front elevation with French doors, the construction of a step in-front of the door opening, and the installation of insulation and a new roof. The appellant has explained that this would enable them to use the garage space as habitable space. The proposed works to the garage and its use as habitable space would conflict with the third condition of the planning permission granted in 1986. The proposed use of the garage would not accord with the condition because ‘habitable space’ would not comprise the storage of private motor vehicles and ancillary domestic storage only. The proposal would therefore be in breach of a condition, which could be subject to enforcement action. The proposal would not therefore be lawful with regard to section 191(2)(a) of the Act.”].
February 2023 - Code a01521 (appeal allowed):
- [Note: To view this information, please log onto the website with a current membership.]
February 2023 - Code a01520 (appeal allowed):
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February 2023 - Code a01519 (appeal allowed):
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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.