The "GPDO Part 1 (All Classes) - LDC Appeal Decisions" document has been updated to include 3 additional appeal decisions relating to householder permitted development legislation, for which the conclusions are as follows:
June 2023 - Code a01564 (appeal allowed):
- This appeal decision provides an example of where the applicant submitted (or offered to submit) an amended drawing during the appeal process, and the Inspector did accept this amended drawing. (*)
[Quote: “In the light of discussions throughout the Inquiry it became apparent that a revised plan to demonstrate that the workshop the subject of Appeal C was proposed to be sited 2m from the boundary was necessary. The Inquiry was adjourned on 11 January 2023 to allow for the submission of the revised plan. A revised existing site plan reference 002 with the proposed workshop building sited 2m from the northern boundary was submitted, and is attached to this decision as Plan B. This plan was submitted after agreement with the Council. Appeal C is therefore determined on the basis of the location of the workshop shown on Plan B attached to this decision. All other plans on which the application was determined remain unchanged. The Inquiry was closed in writing on 6 June 2023.”]. - 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 47m-59m from the main house and partly separated from the main house by a fence]. - The “curtilage” of a dwellinghouse can change over time (e.g. it can become larger, smaller, etc).
[Note: The Inspector concludes that a particular piece of land is within the existing curtilage, even though it was not within the original curtilage].
[Quote: “In my view, the curtilage expanded to include the middle and western parts of the land from at least 1987, due to the separation of other land as a result of the bypass and its use becoming part of the residential amenity land associated with [the application site]. I therefore find on the facts that the curtilage of [the application site], now extends to the land comprising the eastern part, the middle part and the western part. The whole of the land i.e. the eastern, middle and western parts are part and parcel with the occupation of [the application site], within the same ownership and used for purposes incidental and ancillary to the occupation of the dwelling. The western part, on which the proposed building would be sited, I therefore find is within the curtilage of [the application site].”].
June 2023 - Code a01563 (appeal dismissed):
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June 2023 - Code a01562 (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.