“GPDO Part 1 (All Classes) – LDC Appeal Decisions” – 3 additional appeal decisions (total = 1,952) …

The "GPDO Part 1 (All Classes) - LDC Appeal Decisions" document has been updated to include 3 additional appeal decisions relating to householder permitted development legislation, for which the conclusions are as follows:

September 2025 - Code a01846 (appeal allowed):

  • The excavation of a basement does fall within the scope of Class A if the works do not involve a separate activity of substance (e.g. with reference to the “Eatherley” High Court judgment dated 02/12/2016).
    [Note: The basement is underneath the main house].
  • This appeal decision provides an example of where it was concluded that particular operations (e.g. engineering operations) do not constitute a separate activity of substance (e.g. with reference to the “Eatherley” High Court judgment dated 02/12/2016).
    [Quote: “My understanding of the meaning of the words “enlargement, improvement or other alteration of a dwellinghouse” in Class A is that they are capable of permitting the addition of a basement, but there is a point where the works of excavation, underpinning and support needed for the basement can become an engineering operation that requires planning permission. Whether it does so or not is a planning judgment for the decision-maker to reach as a matter of fact and degree depending on the specific circumstances that arise in each case. [The application site] is a detached house in its own grounds. The basement would be constructed directly under the existing ground-floor rooms. The access stairs to it would be provided by re-configuring the existing hall on the ground floor, where there are at present stairs to the first floor, a toilet and a passage. It would be necessary to excavate material and probably to underpin walls and provide support, but the works would not change the external appearance of the house or its grounds at all and there would be no impact on neighbouring properties. As a matter of fact and degree, I do not consider that in this instance the engineering works needed for the basement would amount to an activity of substance that is separate from the enlargement, improvement and alteration of the house.”].
  • This appeal decision provides an example of where it was concluded that the excavation of a certain volume of earth (or other material) (i.e. as part of other works) does fall within the scope of Part 1 of the GPDO. (*)
    [Note: Approx 219m3 of earth would be excavated during the creation of a basement].

September 2025 - Code a01845 (appeal dismissed):

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September 2025 - Code a01844 (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.