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:
August 2025 - Code a01839 (appeal dismissed):
- This appeal decision provides an example of where a condition (on a previous planning permission) does not (directly) remove permitted development rights, and the Inspector concluded that the development is contrary to this condition.
[Note: The condition states that “The development hereby permitted [note: this includes a two-storey rear extension] shall be carried out in accordance with the [...] approved plans/documents”. The issue is whether this condition applies to “the insertion of two doors [on the side elevation of the two-storey rear extension] and internal layout changes” (note: the Inspector concludes that, at the time of the application for the LDC, the PP works had been begun, but had not been substantially completed)].
[Quote: “While I do not have full details of the approvals before me, the appellant does not dispute that the proposed works would not comply with plans conditions attached to the various approvals, rather the appellant suggests that insisting on an extension being built fully before permitted development rights apply is unreasonable. However, where a condition requires development to be carried out in accordance with approved plans, development carried out which is not in accordance with those plans would constitute a failure to comply with that condition. [...] If the proposed works would not be lawful because enforcement action in respect of the failure to comply with a condition may be taken, the fact that the proposed works could lawfully be carried out once the development was completed in accordance with the approved plans does not overcome that. The LDC application was made on 14 June 2023. The Council advise that a site visit carried out on 8 August, during which it was confirmed that the development was still under construction. The Council has provided photographs which show this to be the case. Indeed, the development was not completed at the time of my site visit. Consequently, at the date the LDC application was made, compliance with the relevant plans condition/s would still have been required. [...] From the evidence provided, it appears likely that proposed works would not have been lawful at the date the LDC application was made, because it would have meant the development would not have been in accordance with approved plans, which would have constituted a failure to comply with a condition subject to which a planning permission has been granted.”].
August 2025 - Code a01838 (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.