Appeal 3304114
Public case and site metadata stored from the official casework database, including fields that were empty in the source release.
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Official decision document
The decision, section by section
6 sections
Read the development description and the Inspector’s text from the official decision PDF in source order. Source headings are retained where available. Personal and contact details are removed by an automated privacy filter; this is source material, not Rules for You analysis.
Section 01
Development description
described as “single storey rear extension at 4 metres”
Section 02
Decision
The appeal is dismissed.
Section 03
Preliminary Matters
The appeal site is referred to variously within the appeal documents as ’ [site address] ’ and ’53 [name]. As the latter address was used on both the planning application form and the Council’s decision notice, I have used it also.
Although the Council used an amended description of development on the decision notice, it is unclear whether this change was agreed. Accordingly, I have taken the description from the planning application form.
The appellant has been afforded opportunity to provide grounds for the appeal but has not done so. Therefore, I have determined the appeal on this basis, having regard to the Council’s evidence and statutory instruments, and no party has been prejudiced by my doing so.
Section 04
Main Issue
The main issue is whether the proposal would constitute permitted development under Schedule 2, Part 1, Class A of the Town and Country Planning (General Permitted Development) (England) Order 2015 (‘the GPDO 2015’).
Section 05
Reasons
Under Article 3(1) and Schedule 2, Part 1, Class A of the GPDO 2015, planning permission is granted for the enlargement of a dwellinghouse subject to limitations and conditions. However, Article 3(4) of the GPDO 2015 states that it does not permit development contrary to any condition imposed by planning permission otherwise than by the GPDO 2015.
The Council indicates, and it is not disputed by the appellant, that planning permission1 for the appeal property was granted on 14 November 1974 and that Condition 5 of this permission states; “Notwithstanding the provision of Article 3 of the Town and Country Planning, General Development Order 1973, or any subsequent order, the permitted development allowed under Class I and II to Schedule 1 shall not extend to the development hereby approved.”
The GPDO 2015 is an order subsequent to the Town and Country Planning, General Development Order 1973 (‘the GPDO 1973’). Class I and II to Schedule 1 of the GPDO 1973 included development within the curtilage of dwellinghouses. Schedule 2, Part 1 of the GPDO 2015 also relates to such development.
Therefore, on the basis of the evidence before me, the limitations set out in Condition 5 of planning permission N6/755/74 continue to apply to the appeal property and having regard to Article 3(4) of the GPDO 2015, the appeal proposal would not benefit from the permitted development rights given by Schedule 2, Part 1, Class A of the GPDO 2015. Therefore, planning permission is required for the proposal.
Given the above, it is not necessary for me to consider the prior approval element relating to the effect of the proposed development upon the living conditions of the occupiers of any adjoining premises.
Section 06
Conclusion
For the reasons given, the appeal is dismissed.
Planning inspector and document dates
The official casework attribution is grouped under a one-way keyed hash and shown only by its local identifier. Decision-letter dates and page references are extracted by fixed first-page rules and checked against that authoritative record.
Appeal Decision
- Extracted inspector · page 1
- Inspector attribution ID 2837No official casework-database value to compare
- Extracted decision date · page 1
- 10 July 2023Matches the official casework database
- Extracted site visit dates
- 26 June 2023 (page 1)
Reference and authority
Official identifiers and the planning authority recorded against this case.
- Case reference
- 3304114
- Application reference
- 6/2022/1358/PN8
- Lead case reference
- Not recorded
- Planning authority
- Welwyn Hatfield Council
- Planning authority code
- E07000241
Casework details
The casework, procedure, development and linking details supplied by the official record.
- Casework type
- Householder (HAS)
- Procedure
- Written Representations
- Development type
- Householder developments
- Appeal type reason
- 3. Refused prior approval of permitted development rights
- Appeal reason
- Refusal
- Type detail
- Unknown
- Jurisdiction
- Transferred
- Link status
- Not Linked
Site and development
Published appeal-site measurements and planning designations, without the withheld precise location fields.
- Site area
- Not recorded
- Floor space
- 25 m²
- Number of residences
- 1
- Site in Green Belt
- No
- Agricultural holding
- No
- Affects setting of a listed building
- Not recorded
- Historic building grant made
- Not recorded
- Relates to a conservation area
- Not recorded
- Flooding is an issue
- Not recorded
- Site within an AONB
- Not recorded
- Site within an SSSI
- Not recorded
Decision and dates
The published outcome and every imported case date.
- Official decision
- Dismissed
- Decision category
- Dismissed
- Received date
- 28 July 2022
- Valid date
- 28 September 2022
- Start date
- 7 February 2023
- Planning authority decision date
- 12 July 2022
- Appeal decision date
- 10 July 2023
Case administration
Published recovery, call-in, costs and enforcement information for this case.
- Redetermined
- No
- Bespoke
- No
- Date recovered
- Not recorded
- Date not recovered or derecovered
- Not recorded
- Call-in date
- Not recorded
- Costs applied for
- Not recorded
- Enforcement grounds count
- Not recorded
- Enforcement grounds
- Not recorded
Source and catalogue history
When this record appeared in the rolling official release and when the catalogue stored it.
- Source
- Planning Inspectorate casework database
- Source data system
- Horizon
- Dataset status
- Current release
- Catalogue record ID
- 35341
- First seen
- 20 August 2026 at 14:24
- Last seen
- 20 August 2026 at 16:27
- Removed from release
- Not recorded
- Record created
- 20 August 2026 at 14:24
- Record updated
- 24 August 2026 at 16:21