“Part 1 of the GPDO – GENERAL Appeal Decisions” – 1 additional appeal decision (total = 1,638) …

The Part 1 of the GPDO - GENERAL 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, 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.