Upwards and onwards

In determining an appeal against the refusal of prior approval under Part 20 Class A of the GPDO for the upward extension of a block of flats in south-east London to provide an additional two flats (DCS Number 400-035-947) an inspector has provided a useful ruling as to whether the effect on the character of the locality can be taken into consideration. Here is what he says:-

“In a recent High Court judgement [Cab Housing Ltd and others v Secretary of State for Levelling Up, Housing Communities and others [2022]]  in relation to the interpretation of Class AA of Part 1 of Schedule 2 to the GPDO, a conclusion was reached that “the control of the external appearance of the dwelling house is not limited to impact on the subject property itself, but also includes impact on neighbouring premises and the locality”. The same logic can be applied to upward extensions at Part 20 Class A.”

Readers will be aware that BoJo is currently threatening the further expansion of the prior approval regime. Those charged with the implementation of this parallel planning system would be forgiven for feeling a degree of dismay at the news, since we are only just mastering the existing prior approval legislation. But hey, onwards and upwards. 

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