Under the 2008 amendments to the GPDO this "5 metre rule" has disappeared. A v strict interpretation of this is that now all new buildings, even those within 5 metres of the original dwellinghouse, may now be inappropriate development in the green belt. However, the spirit of changing the GPDO was to make householder development less restrictive and not to make development which was previously acceptable now inappropriate. Clearly the GPDO relates to permitted development and the proposals we are consulted upon are those requiring express consent, however, given that there is now no clear steer that development within 5 metres would be treated as forming part of the resulting dwellinghouse, the question arises as to how such development should be treated in green belt terms. As such we would really appreciate your input into two matters: 1. What is your opinion on the approach which should be adopted? Should we continue to calculate the increase in size of the dwelling as under the 1995 GPDO and therefore development within 5 metres of the dwellinghouse can be classed as appropriate in the green belt, providing it is "limited"; or should we take the approach that all such new buildings requiring planning permission are inappropriate? 2. Is anyone aware of any appeal decisions within the last 12 months which may shed some light on this matter?
