The "GPDO Part 1 (All Classes) - LDC Appeal Decisions" document has been updated to include 4 additional appeal decisions relating to householder permitted development legislation, for which the conclusions are as follows:

June 2026 - Code a01977 (appeal allowed):

• This appeal decision provides an example of where an application under section 192 (proposed) was assessed on the basis of the hypothetical works that are shown on the submitted drawings (i.e. rather than the actual works that have been carried out on the site). (*)
• Where works exceed the tolerances of permitted development and have been substantially completed (i.e. unlawfully), then it is possible to first remove the works and then (subsequently) start and complete another set of works under permitted development rights.
  [Note: This appeal decision implies (rather than states) this conclusion].
• This appeal decision states, or implies, that where an existing building is unlawful (e.g. due to an unlawful extension, outbuilding, etc), it is possible for an application under section 192 (proposed) to ask the (hypothetical) question of whether it would be lawful to first make the existing building lawful (e.g. by removing the unlawful extension, outbuilding, etc), and then (subsequently) start and complete another set of works under permitted development rights. (*)
  [Note: The Inspector issues an LDC for “Proposed new rear dormer” (i.e. the erection of a proposed roof extension, which would involve the removal of the existing unlawful roof extension)].
  [Note: The existing unlawful works are the subject of a “pending enforcement case”].
  [Quote: “In my judgement, this demonstrates that the proposal is for a new rear dormer and not one that relates in any way to the existing unauthorised dormer. It is not the case that because a rear dormer already exists to the rear of the property, it therefore means that the applicant is unable submit LDC applications for any number of specified proposals (including new rear dormers). Indeed, section 192(2) of the Act does not say this. Instead, it states that ‘if, on an application under this section, the local planning authority are provided with information satisfying them that the use or operations described in the application would be lawful if instituted or begun at the time of the application, they shall issue a certificate to that effect’. Given the reasoning above, I am satisfied that the LDC application was properly made under section 192 of the Act. As regards to whether the proposed new rear dormer would be permitted development under class B of Part 1 of Schedule 2 of the GPDO, it is noteworthy that there is no dispute between the main parties that it would not fall foul of the limitations and conditions of such a class of development. [...] I do not disagree with the common ground position that the proposal would be permitted development under class B of Part 1 of Schedule 2 of the GPDO. Consequently, the proposal would have been permitted development under class B of Part 1 of Schedule 2 of the GPDO if instigated or begun in accordance with the LDC application on 25 September 2025. For the avoidance of doubt, given Article 3(5) of the GPDO, and to properly define the scope of the LDC approval, I shall include the words ‘proposed new rear dormer’ in the first schedule of the LDC.”].
• A C4 house in multiple occupation (i.e. a “small HMO”) does benefit from Part 1 of the GPDO.
  [Quote: “The evidence is that the appeal property is in use as a use class C4 house in multiple occupation (HMO). However, householder permitted development rights also apply to a use class C4 HMO.”]

June 2026 - Code a01976 (appeal dismissed):

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June 2026 - Code a01975 (appeal allowed):

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June 2026 - Code a01974 (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.