“GPDO Part 1 (All Classes) – LDC Appeal Decisions” – 6 additional appeal decisions (total = 2,063) …

The "GPDO Part 1 (All Classes) - LDC Appeal Decisions" document has been updated to include 6 additional appeal decisions relating to householder permitted development legislation, for which the conclusions are as follows:

May 2026 - Code a01957 (appeal allowed):

  • This appeal decision provides an example of where it was concluded that a particular piece of land is within the “curtilage” of the property.
    [Note: The land is approx 1m-5m from the main house].
  • The “curtilage” of a dwellinghouse can change over time (e.g. it can become larger, smaller, etc).
    [Quote: “As set out in paragraph 7 above, there is no dispute that the land where the proposed garage would be sited did not form part of [the application site’s] “original” curtilage but was purchased from a neighbour and incorporated as residential garden in 2021. However, the curtilage of a dwelling can change over time. There is no physical separation between the side garden area and the house, and the land all forms part of one enclosure with the dwelling and its rear garden. A new hedgerow has been established around the property’s perimeter and the land has been in use as a garden for [the application site] for a number of years. I am also mindful that planning permission has been granted on this garden area for a two-storey side extension to the dwelling and as a parking area for the property. Thus importantly, it serves as an access, parking and garden area for the house and is physically and functionally associated with it. Therefore, I am satisfied that, as a matter of fact and degree, the land where the garage would be sited is within the curtilage of the dwellinghouse for Part 1 purposes.”].

May 2026 - Code a01956 (appeal dismissed):

  • This appeal decision provides an example of where the applicant submitted (or offered to submit) an amended drawing (or other new information) during the appeal process, and the Inspector did not accept this amended drawing. (*)
    [Quote: “The burden of proving relevant facts in the appeal rests on the appellant who must demonstrate, on the balance of probability, that the proposed development would have been lawful on the date of the application, 20 March 2024. That being the case, my decision is based on the REV 5 plans (dated 15 March 2024) as submitted with the application and listed on the decision notice. Within the appeal papers, I noted a set of REV 6 drawings dated 20 November 2024 and a set of REV 13 drawings dated 13 November 2024. The REV 13 drawings (at D10) include detailed volume calculations although no such detailed volume calculations appeared on the REV 5 or REV 6 drawings. The REV 6 and REV 13 drawings postdate the application by about 8 months and the Council’s decision notice by about 6 months and the Council has not agreed to the consideration of those plans for the purposes of this appeal. There is an added complication. There was a material change in circumstances when, according to the Council’s Questionnaire, the appeal property was actually included within the Kensal Rise Conservation Area on 28 May 2024, thereby restricting permitted development rights for roof extensions, shortly after the Council’s decision on the application was taken and well before the REV 6 and REV 13 drawings were produced. All these factors further confirm that the relevant plans to focus on are the REV 5 plans. [...] I am aware that the volume calculations on the REV 13 plans pitch the scheme at just under 40m3. I have already explained why I cannot take that drawing set, produced on 13 November 2024, into account in this appeal.”].

May 2026 - Code a01955 (appeal allowed):

  • [Note: To view this information, please log onto the website with a current membership.]

May 2026 - Code a01954 (appeal allowed):

  • [Note: To view this information, please log onto the website with a current membership.]

May 2026 - Code a01953 (appeal dismissed):

  • [Note: To view this information, please log onto the website with a current membership.]

May 2026 - Code a01952 (appeal allowed):

  • [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.