The "GPDO Part 1 (All Classes) - LDC Appeal Decisions" document has been updated to include 1 additional appeal decision relating to householder permitted development legislation, for which the conclusions are as follows:
March 2023 - Code a01532 (appeal allowed):
- 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 “No buildings shall be erected within that part of the residential curtilage created as a result of this [1997] permission.”].
[Quote: “The Local Planning Authority (LPA) correctly states that Condition 3 of the [1997] tennis court permission would restrict any buildings on the land covered by this [1997] application, which it believes includes the [current] appeal site. [...] From the site plan attached to the 1997 application, it appears clear that the ‘red line’ does not include the site of the proposed shed, and condition 3 would not apply to the current LDC application. The appellant has produced an overlay of the site plans of the [1997] planning permission and the current LDC application which demonstrates this. Even though the 1997 plan is roughly drawn at a small scale, the position of the [proposed] shed is clearly sited in the triangular section of land below the area shown for the tennis court.”]. - This appeal decision provides an example of where it was concluded that a particular piece of land is within the “curtilage” of the property.
[Note: The land is approx 122m-127m from the main house].
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.