Too old for that

An inspector has decided that a house in west Yorkshire is too old to benefit from permitted development rights for upward extension under Class AA, Part 1 of the GPDO (DCS Number 400-031-949).

Class AA.1 states that development is not permitted by Class AA if ‘(c) the dwellinghouse was constructed before 1st July 1948 or after 28th October 2018’. The council contended that the dwellinghouse formed part of a building which was shown on historic maps dating from 1894. The appellant, on the other hand, maintained that the house came into existence when the original building was subdivided and converted into more than one dwelling unit between the specified dates. The inspector reasoned, however, that this only indicated that the dwellinghouse resulted from the adaptation of the building. 

Given the reference to ‘constructed’, the limitation at Class AA.1(c), the inspector ruled, should be interpreted as referring to the construction or erection of the building that was now used as a dwellinghouse which, from the evidence, took place before 1st July 1948. 

The inspector concluded that the dwellinghouse did not meet the qualifying criteria under Schedule 2, Part 1, Class AA.1(c) of the GPDO and therefore the proposal was not permitted development. 

The permitted development classes are set out at section 4.342 of DCP Online.