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:
October 2023 - Code a01608 (appeal dismissed):
- This appeal decision provides an example of where it was concluded that a particular piece of land is not within the “curtilage” of the property.
[Note: The land is approx 1m-4m from the main house and separated from the main house by a retaining wall and a fence].
- Furthermore, the above was concluded even though it was accepted that the piece of land is within the applicant’s ownership / unit of occupation / planning unit / etc.
[Quote: “The garage is in a separate planning unit to that of the appellant’s house and forms part of a larger planning unit with the other five garages. It is physically distinguishable from the house by way of its relationship in terms of levels and boundary walls and as a matter of fact and degree, this excludes the garage from the curtilage of the dwelling. The garage is not part and parcel with the house. The appellant’s title deeds show that the dwelling and garage form part of the same ownership and it is clear that there is an intimate association between the dwelling and the garage in terms of its use for the storage of household items, etc, but these factors do not outweigh the conclusion I have reached on the physical layout. Accordingly, the benefits of Class E permitted development rights cannot apply to the appellant’s proposals for the garage.”].
October 2023 - Code a01607 (appeal dismissed):
- [Note: To view this information, please log onto the website with a current membership.]
- 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.