The "GPDO Part 1 (All Classes) - LDC Appeal Decisions" document has been updated to include 2 additional appeal decisions relating to householder permitted development legislation, for which the conclusions are as follows:
November 2024 - Code a01753 (appeal dismissed):
- 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”.
- 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 dwellinghouse” means 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 a “farmhouse” that was part of “a larger farm complex”, and then was converted to a separate house after 1948].
[Quote: “I have pieced together the history of the house as accurately as I can from the available information. It starts with a farmhouse being built in the 19th century. In common with many farmhouses it faced the farmland and the farm buildings and had its back to the road. There is little doubt that its principal elevation when built was its north-western elevation. [...] The overall situation I have described in this paragraph appears to be the one that pertained in 1948. Many alterations have been made to the building since 1948, reflecting its change from a farmhouse to a dwelling no longer associated with farming or the adjoining farmland. There is no suggestion that any of the alterations were in breach of planning control. [...] There is no doubt that when the Government guidance set out in paragraph 7 above is applied, the principal elevation is now the [south-east] elevation facing the road. That guidance does not of course override the provisions of the Order set out in paragraph 6, but taking everything into account and applying reasonable planning judgment in the light of the evident purpose of the Order, I consider that the existing building is the “original dwellinghouse” and that the proposed first-floor extension [to the north-west elevation] would therefore be permitted development because it would not extend beyond a wall which forms its principal elevation.”].
November 2024 - Code a01752 (1 x appeal dismissed, 1 x 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.