“GPDO Part 1 (All Classes) – LDC Appeal Decisions” – 2 additional appeal decisions (total = 1,892) …

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:

March 2025 - Code a01786 (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 0m-1.5m/2.0m from the main house].
  • 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 Council confirmed that when assessing the curtilage of the dwelling, no part of the shop was included. Rather, the Council focussed on a triangular shape strip of land located between the dwelling and the cul-de-sac. Although the appellant considered that the strip is within the curtilage, there is significant doubt over whether it forms part and parcel with the dwelling. Even if the strip is in the appellant’s ownership, it does not seem to serve the dwelling in any reasonably necessary or useful manner. The strip has little obvious functional relationship to the dwelling. It is roughly hard surfaced, has a neglected appearance and is physically separate from the garden, being accessible only from the cul-de-sac. In physical and visual terms, the strip is largely assimilated with the pedestrian pavement. Accordingly, based on the available evidence and as a matter of fact and degree, I am not persuaded that the strip forms part of the curtilage of the dwelling.”].
  • This appeal decision provides an example of where it was concluded that a particular property is a “dwellinghouse”, rather than a “flat”, for the purposes of Part 1 of the GPDO.
    [Note: This appeal decision implies (rather than states) this conclusion].
    [Note: Part of the first floor of the property (containing a living room, a bathroom, and part of a bedroom) is directly above the ground floor of another property (which is a shop)].
    [Quote: “The appeal property contains a modern two-storey, three-bedroom dwelling. The dwelling fronts onto a residential cul-de-sac and is attached to the rear of shop premises. The first floor of the dwelling extends over part of the shop.”].

March 2025 - Code a01785 (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.