“GPDO Part 1 (All Classes) – LDC Appeal Decisions” – 3 additional appeal decisions (total = 1,766) …

The "GPDO Part 1 (All Classes) - LDC Appeal Decisions" document has been updated to include 3 additional appeal decisions relating to householder permitted development legislation, for which the conclusions are as follows:

March 2024 - Code a01660 (appeal allowed):

  • A house that was converted under Part 3 Class O of the GPDO 2015 (or Part 3 Class J of the GPDO 1995) does benefit from Part 1 Classes A, B, C, D, E, F, G, and H of the GPDO. [Note: In other words, such a house is not subject to the restrictions within A.1(a), B.1(a), C.1(a), D.1(a), E.1(a), F.1(a), G.1(a), and H.1(a) in relation to where “permission to use the dwellinghouse as a dwellinghouse has been granted only by virtue of Class G, M, MA, N, P, PA or Q of Part 3”]. [Note: AA.1(a) uses a different phrase that also refers to Part 3 Class O)].
    [Note: Relates to Part 3 Class J of the GPDO 1995].
    [Quote: “The Council acknowledge that the GPDO may not have restricted permitted development for dwellings converted from offices and that prior to 21 April 2021, the proposed development may have been classed as permitted development under Class E. However, they maintain that with the introduction of Class MA to the list of development not permitted under Class E, the proposed development is not permitted. [...] The Council’s approach fails to recognise the relevance of the wording in the legislative changes applying to permitted development rights and have endeavoured to interpret it in a particular way over and above what the legislation and advice actually says. In particular, in respect of Class E permitted development rights, the 2013 amendment did not make changes for buildings converted under Class J; the 2015 GPDO revoked the 2013 Order but did not include Class O where Class E does not apply; the 2016 Order did not restrict Class E rights on converted Class O properties; and the 2021 Order introduced for the first time restricted Class E rights for offices converted to residential. The conversion of the building was under Class J of the GPDO 1995 which has since been revoked and no reference to it was carried forward to the GPDO 2015. Additionally the 2021 Order made no reference to Class E rights applying to buildings converted under previous legislation, which it could have done had that been the intention of the legislators. The appeal property became a dwellinghouse when it was converted from which time it could have benefitted from Class E rights and the no legislation has sought to remove those rights retrospectively.”].

March 2024 - Code a01659 (appeal dismissed):

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March 2024 - Code a01658 (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.