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:
December 2024 - Code a01761 (appeal dismissed):
- This appeal decision provides an example of where an application was submitted under section 192 (proposed) for a mixture of existing works and proposed works, and the Inspector concluded that it is not possible to assess the works.
[Note: The submitted application form refers to the existing hip-to-gable roof extension (which it appears was substantially completed more than 15 years ago) and the proposed rear dormer. The Inspector concludes that “There is nothing in the text of either s191 nor s192 that would allow for a ‘hybrid’ application of existing and proposed developments to be made”.].
[Quote: “In respect of the operational development to the roof of the property, the evidence shows that the hip to gable works have already been carried out. As such, they cannot be assessed as part of a s192 application. If it is the intention of the Appellant to have the lawfulness of those works decided, as seems to be the case, he would have to make an application for a certificate of lawfulness under s191 of the Act, which relates to existing development. There is nothing in the text of either s191 nor s192 that would allow for a ‘hybrid’ application of existing and proposed developments to be made. Therefore, as the lawfulness of the hip to gable extension would have to be determined under s191, I cannot determine the lawfulness of the proposed dormer extension. The reason for this is that a significant portion of the proposed dormer would be added to the area of roof that has been created by the hip to gable extension. In the absence of evidence showing the lawfulness of the latter works, I cannot determine the lawfulness of the proposed dormer.”].
December 2024 - Code a01760 (appeal dismissed):
- [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.