“GPDO Part 1 (All Classes) – LDC Appeal Decisions” – 3 additional appeal decisions (total = 1,792) …

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:

May 2024 - Code a01686 (appeal allowed):

  • Where a property has been converted to a house from another use after 01/07/1948, then this appeal decision states, or implies, that the phrase “original roof space” relates to the property as it existed immediately after the conversion (i.e. rather than the property as it existed on 01/07/1948 or, if built after that date, as so built).
    [Note: The property was previously part of another house (number “145”), which then was extended and converted to create an additional separate house (number “145a”) (note: in 2015 planning permission was granted by the Council for “Erection of side porch and alterations to windows and doors on rear elevation in connection with sub-division of house into 1 two bedroom and 1 three bedroom houses”)].
    [Quote: “The appellant’s case is that, for the purposes of Class B, the ‘original roof space’ of the dwellinghouse subject of this appeal is the roof space that existed within the building at No 145A, following the sub division of the former single dwellinghouse at No 145. On the other hand, the Council regards the roof space within the original dwellinghouse at No 145 as the original roof space, and suggests that this has already been enlarged by approximately 40 cubic metres. For this reason, the suggestion is that the proposed enlargement of around 17 cubic metres would exceed the allowance referred to in B.1.(d). Having had regard to the submitted plans, the evidence indicates that at present the building at No 145 comprises the original (No 145) dwellinghouse, as well as certain enlargements to it. This is not disputed. However, this is not the case for the building at No 145A. Being mindful that the definition of a building in section 336 of the 1990 Act includes ‘any part of a building, as so defined’, there is no dispute that the building at No 145A existed prior to it being used as a dwellinghouse. However, it is the material change of use of this building that has resulted in the dwellinghouse at No 145A, for which the provisions of Part 1 of Article 3, Schedule 2 of the 2015 Order apply. For this reason, it can only follow that the original roof space of this dwellinghouse is the roof space that existed within the building at No 145A when the material change of use took place.”].

May 2024 - Code a01685 (appeal allowed):

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

May 2024 - Code a01684 (split decision):

  • [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.