“GPDO Part 1 (All Classes) – LDC Appeal Decisions” – 3 additional appeal decisions (total = 1,804) …

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:

June 2024 - Code a01698 (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 13m-19m and 16m-25m from the main house and partly separated from the main house by a (previously shared) vehicular accessway].
  • Furthermore, the above was concluded even though it was accepted that the piece of land is within the same ownership / unit of occupation / planning unit as the main house.
    [Quote: “I can understand the appellant and others being confused or perplexed by a situation where land can be considered lawful for residential purposes and yet found not to be within the ‘curtilage of a dwelling house’. But, as indicated above, the word ‘curtilage’ is not defined and a residential/garden use of land does not necessarily equate to it falling within the ‘curtilage of a dwelling house’. In this case I have considered the appeal on the established case law basis that, whether or not the land falls within the ‘curtilage of a dwelling house’ is a matter of fact and degree in each particular case.”].

June 2024 - Code a01697 (appeal allowed):

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

June 2024 - Code a01696 (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.