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 a01571 (appeal dismissed):
- More than one wall facing the same direction can form “the rear wall” (in the case where the elevation is staggered horizontally). (*)
- The side wall of an original (part-width) rear projection (i.e. the side wall facing the infill area) is “a wall forming a side elevation”. (*)
[Note: The original rear projection is two-storey]. - It’s incorrect to take the approach that an extension must be either a “side extension” or a “rear extension”, and then to apply either A.1(j) or A.1(f)/A.1(g)/A.1(h) respectively. Where an extension extends beyond both an original side wall and an original rear wall, then both A.1(j) and A.1(f)/A.1(g)/A.1(h) are applicable.
- In the first of the above diagrams, “Extension G” is subject to the “extend beyond” type restrictions in relation to “Wall 2”. [Note: The diagrams are viewable within the “Extend beyond” topic of this document]. (*)
[Note: This appeal decision relates to “the rear wall”].
[Note: The gap between the extension and “Wall 2” is approx 1.7m].
June 2023 - Code a01570 (appeal allowed):
- The “curtilage” of a dwellinghouse can change over time (e.g. it can become larger, smaller, etc).
[Quote: “Curtilage defines an area of land in relation to a building, and not a use of land. It is not fixed for all time; its physical extent is readily capable of changing at any time. From the Court of Appeal’s judgement regarding the case of Sumption v LB Greenwich & Rokos [2007] EWHC 2776 (Admin) it has become clear that land can very easily be incorporated into curtilage.”]. - 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 93m-101m from the main house].
June 2023 - Code a01569 (split decision):
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June 2023 - Code a01568 (appeal dismissed):
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June 2023 - Code a01567 (appeal allowed):
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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.