“GPDO Part 1 (All Classes) – LDC Appeal Decisions” – 4 additional appeal decisions (total = 1,726) …

The "GPDO Part 1 (All Classes) - LDC Appeal Decisions" document has been updated to include 4 additional appeal decisions relating to householder permitted development legislation, for which the conclusions are as follows:

November 2023 - Code a01620 (appeal allowed):

  • The height of a structure should be measured from the highest part of the adjacent ground level (i.e. rather than from each part of the adjacent ground level). (*)
    [Note: The structure is an outbuilding].
  • In particular, the above conclusion still applies when measuring the “height of the eaves” (i.e. not only when measuring the (maximum) “height”). (*)
    [Note: The structure is an outbuilding].
    [Quote: “The guidance on page 12 of the TG gives examples for measuring eaves height where the surface of the ground adjacent to the building is uniform. Guidance for measuring the height of eaves on buildings located on sloping land is found on page 13. The drawing on page 13 of the TG illustrates that a horizontal line should be “drawn” through the building from the eaves at the part of the building furthest up the slope. So long as the eaves on any part of the building does not extend above this horizontal line, then the building would accord with Class E.1 (f). Put simply, the measurement of eaves height should be taken from the point where the proposed building would be furthest up the slope which, in this case, would be at the northernmost end of the building. At this point, the Council accept that the eaves height would not exceed the 2.5m allowed under Class E.1 (f). Whilst it is acknowledged that due to the sloping nature of the surrounding land the eaves height at the southernmost end of the building would far exceed 2.5m, the development would nevertheless accord with the limitations of Class E.1 (f).”].

November 2023 - Code a01619 (appeal dismissed):

  • 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”.
  • For a row of terraced properties, or a pair of semi-detached properties, it is not necessarily the case that “the principal elevation” of each property faces in the same direction.
    [Note: This appeal decision implies (rather than states) this conclusion].
    [Note: The application site is a semi-detached property].

November 2023 - Code a01618 (appeal dismissed):

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

October 2023 - Code a01617 (appeal allowed):

  • [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.