The "GPDO Part 1 (All Classes) - LDC Appeal Decisions" document has been updated to include 2 additional appeal decisions relating to householder permitted development legislation, for which the conclusions are as follows:
June 2023 - Code a01566 (appeal dismissed):
- It is not possible to issue an LDC under section 192 (proposed) for a larger rear extension (i.e. even if the developer has successfully completed the prior approval process). This is because it is not possible for the Council to consult the adjoining premises (i.e. in accordance with A.4(5)) during an application for an LDC. (*)
[Note: In my opinion, the above conclusion is questionable].
[Quote: “The reason given for refusing to issue a certificate of lawfulness on 26 August 2022 was that “The proposed structure falls outside the limits of permitted development as the development would be contrary to Schedule 2, Part 1, Class A, Criteria A.1(f) of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended). Planning permission is therefore required for the proposed works”. This is correct as far as it goes. However, the assessment in the Officer’s report for the certificate application should not have found criterion A.1(g) to be non-applicable. After determining that the proposed development fell outside the parameters in A.1(f) by reason of its depth, it should have moved on to an assessment of A.1(g). Its terms were applicable to the proposed extension, as the Council found to be the case in the Prior Approval application. Had it done so, it would have identified that the extension was within its maximum dimensions, as it had previously. It should then have identified that there is no legal mechanism in an application for a certificate to fulfil the requirement under A.1(g) to consult with neighbours. As an extension of the size that is proposed cannot be adjudged to be permitted development without this consultation, so the certificate could not be issued. This is a matter that has to be addressed through the Prior Approval process, as had already been done. Therefore, whilst the wording of its reason for refusal was wrong, in the circumstances the Council’s decision to refuse to issue a certificate under s192(1)(b) was correct. However, there is nothing in the evidence to suggest that the Prior Approval decision was incorrect, nor that it would be affected by the decision to refuse to issue the certificate.”].
June 2023 - Code a01565 (appeal dismissed):
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- 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.