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:
January 2025 - Code a01773 (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 48m-57m from the main house and separated from the main house by the tributary of a river]. - 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: “The land is in the same single ownership and its present use or function is incidental to the residential dwellinghouse. However, given the history of the appeal site, that ownership and incidental use has not existed for a significant period of time. Furthermore, prior to the appellants ownership there is no evidence to link the appeal site to the curtilage of a building or any incidental residential use. Nevertheless, I find that by virtue of its location a significant distance away from the dwelling, coupled with the tributary which provides a strong sense of separation, the physical layout of the building and land results in there being a lack of visual and spatial relationship between the land immediately to the front, side, and rear of the dwelling and the land where the greenhouse is being constructed. Therefore, in my judgement based on the evidence before me the land on which the greenhouse is being constructed does not have an intimate association with the dwellinghouse. As such, I find as a matter of fact and degree, on the balance of probabilities, that this land cannot reasonably be treated as forming part and parcel of the dwellinghouse and it is not therefore within its curtilage.”].
January 2025 - Code a01772 (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.