“GPDO Part 1 (All Classes) – LDC Appeal Decisions” – 6 additional appeal decisions (total = 1,781) …

The "GPDO Part 1 (All Classes) - LDC Appeal Decisions" document has been updated to include 6 additional appeal decisions relating to householder permitted development legislation, for which the conclusions are as follows:

April 2024 - Code a01675 (appeal allowed):

  • The determination of “a side 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.2(b) of the GPDO 2015].
    [Quote: “Article 2 Interpretation (1) of the GPDO defines ‘original’ as (a) a building existing on 1st July 1948 as the building as existing on that date; or (b) in relation to a building built on or after 1st July 1948, as so built. [...] The existing property has been extended and altered over the years and therefore it is necessary to look at the planning history to establish the original form and layout of the dwelling.”].
  • 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”.
  • “The principal elevation” is not necessarily the elevation that fronts a highway.

April 2024 - Code a01674 (appeal dismissed):

  • This appeal decision provides an example of where it was concluded that a particular elevation does “front” a highway, even though there’s a significant angle between the elevation and the highway. (*)
    [Note: The angle is approx 10 degrees (and separated by an area of land with width approx 1.0m-1.5m that appears to be in different ownership)].
  • This appeal decision provides an example of where it was concluded that a particular elevation does “front” a highway, even though the elevation and the highway are separated either by a significant distance or by land in different ownership or use. (*)
    [Note: Separated by an area of land (a “vegetated strip”) with width approx 1.0m-1.5m that appears to be in different ownership (and the angle is approx 10 degrees)].

April 2024 - Code a01673 (appeal dismissed):

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

April 2024 - Code a01672 (appeal allowed):

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

April 2024 - Code a01671 (appeal allowed):

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

April 2024 - Code a01670 (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.