“GPDO Part 1 (All Classes) – LDC Appeal Decisions” – 7 additional appeal decisions (total = 1,819) …

The "GPDO Part 1 (All Classes) - LDC Appeal Decisions" document has been updated to include 7 additional appeal decisions relating to householder permitted development legislation, for which the conclusions are as follows:

July 2024 - Code a01713 (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 extension].
  • 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 extension].
    [Quote: “The Council have measured the eaves height from the ground level to the rear of the proposed extension. The appellant does not dispute the measurement itself, just the location of where the measurement was taken, stating that the measurement could be taken from the ground level adjacent to the original house rear elevation which would comply with the GPDO 2015 Class A. This level is slightly higher due to a gradual slope in the ground level. [...] Article 2(2) of the GPDO 2015 explains that ‘any reference in this Order to the height of a building or of plant or machinery is to be construed as a reference to its height when measured from ground level’ – and that ‘ground level’ in this context means ‘the level of the surface of the ground immediately adjacent to the building or plant or machinery in question or, where the level of the surface of the ground…is not uniform, the level of the highest part of the surface of the ground adjacent to it’. Consequently, as I read plan 169/10 Rev B, the Council have measured the height from an incorrect location. The ground immediately adjacent to the building is not uniform and read from the highest point the proposed development would comply with the GPDO 2015 Class A.”].
  • The term “eaves” does apply to the edge of a flat roof. (*)
    [Note: This appeal decision implies (rather than states) this conclusion].

July 2024 - Code a01712 (appeal dismissed):

  • This appeal decision provides an example of where it was concluded that a Class A extension with a roof that joins onto the roof of the main house should also be assessed against Class B, albeit as well as Class C (without applying the 15cm projection limit of C.1(b)). (*)
    [Note: The roof of the side extension does not contain a habitable room].
    [Note: The roof of the rear extension contains a gable end with window].

July 2024 - Code a01711 (appeal allowed):

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July 2024 - Code a01710 (appeal dismissed):

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July 2024 - Code a01709 (appeal dismissed):

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July 2024 - Code a01708 (appeal dismissed):

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July 2024 - Code a01707 (appeal dismissed):

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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.