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:

September 2023 - Code a01606 (appeal dismissed):

• This appeal decision provides an example of where an application was submitted under section 192 (proposed) for works that were begun (or were substantially complete), and the Inspector concluded that the application should be treated as an application under section 191 (existing). (*)
  [Note: The works were begun by the time the application was submitted].
• This appeal decision provides an example of where it was concluded that the following materials are not “of a similar appearance” to one-another:
  - bricks (whether or not painted the same light-yellow colour) versus light-yellow smooth render (stucco).
  [Note: On an external fireplace versus on the walls of the main house (respectively)].
• This appeal decision provides an example of where it was concluded that the following materials are not “of a similar appearance” to one-another:
  - timber (whether or not painted the same light-yellow colour) versus light-yellow smooth render (stucco).
  [Note: On an external fireplace versus on the walls of the main house (respectively)].
• Class G does not allow the installation, alteration, or replacement of an external fireplace.
  [Quote: “I have had regard to the appellant’s view that the development [external fireplace] would be permitted under Class G, Part 1, Schedule 2, Article 3(1) of the GPDO. Class G permits the installation, alteration or replacement of a chimney, flue or soil and vent pipe of a dwellinghouse subject to conditions and limitations. I do not share that view. The works that have been undertaken are not an alteration to a chimney, the ordinary meaning of which is the vertical channel or pipe which conducts smoke and fumes from a fire/furnace. The works that have been undertaken are the construction of a new fireplace and surround. Those works go well beyond the alteration of the chimney.”].

September 2023 - Code a01605 (appeal allowed):

• The determination of “the principal elevation of the original dwellinghouse” should be based on the property as it existed on 01/07/1948 or, if built after that date, as so built. (*)
  [Note: Relates to A.1(e) of the GPDO 2015].
  [Quote: “Constructed in the 1960s [the application site] was originally built on an ‘L’ shaped plan form. At that time the west-facing elevation contained the main entrance door into the property, centrally located serving the main entrance and hallway, with three windows to one side and two to the other side. Having regard to the evidence before me and to the TG above, I find this west-facing elevation to be the principal elevation of the building. The building was extended in later years, including a forward projecting single storey extension from the corner of the front elevation. As part of that development, the original front door was blocked up and a new main entrance door and windows were added into the new extended northern elevation of the building. From that point to the present day this northern elevation has the appearance of what would ordinarily be regarded as the front of the building and the principal elevation. However, the TG guidance must be read in the context of the statute. For the purposes of Class A the term “original” in relation to a building is defined in Article 2 of the Order to mean the building “as existing” on 1 July 1948, or, if built on or after that date “as so built”. In this case therefore, for the purposes of Class A the ”principal elevation of the original dwellinghouse” remains the previous west-facing one, not the north-facing one.”].
• This appeal decision provides an example of the types of factors that should be taken into consideration when determining which elevation is “the principal elevation”.

September 2023 - Code a01604 (appeal dismissed):

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

September 2023 - Code a01603 (appeal dismissed):

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

September 2023 - Code a01602 (appeal dismissed):

• [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.