“GPDO Part 1 (All Classes) – LDC Appeal Decisions” – 5 additional appeal decisions (total = 1,667) …

The "GPDO Part 1 (All Classes) - LDC Appeal Decisions" document has been updated to include 5 additional appeal decisions relating to householder permitted development legislation, for which the conclusions are as follows:

June 2023 - Code a01561 (appeal allowed):

  • The installation of a Velux cabrio rooflight (i.e. a rooflight that opens to form a balcony) should be assessed against Class C (i.e. rather than Class B).
  • For the purposes of C.1(b), a Velux cabrio rooflight (i.e. a rooflight that opens to form a balcony) should be assessed in its closed position (i.e. rather than in its open position).
    [Quote: “I acknowledge comments from the Council that in open form, the appeal development would protrude more than 0.15 metres per the C.1.(b) limitation. However, this would also be true of a standard rooflight window. I note comments from the Council that the presence of the railings enables wider views than a standard rooflight would facilitate. However, the GPDO operates by firstly requiring consideration of whether the development is an enlarging roof alteration, if not (as here), it falls to be assessed as ‘any other alteration to the roof’ under Class C. If it conforms to the closed list of limitations and conditions in Class C, it will be PD. As such, in the absence of wording in the GPDO indicating that the 0.15m limitation applies whether or not in an open position, it is logical to treat this as applying to the closed form as with standard rooflight windows.”].

June 2023 - Code a01560 (appeal allowed):

  • 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 4m-10m from the main house].

June 2023 - Code a01559 (appeal allowed):

  • [Note: To view this information, please log onto the website with a current membership.]

June 2023 - Code a01558 (appeal dismissed):

  • [Note: To view this information, please log onto the website with a current membership.]

June 2023 - Code a01557 (appeal allowed):

  • [Note: To view this information, please log onto the website with a current membership.]

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.