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Certificate of Lawful Development Appeal Decisions by category of development.

The Town and Country Planning (General Permitted Development) Order 1995
Part 1 (as amended on 1 October 2008) 

 

 

This appeal decision summary and assessment has been produced by Planning Jungle Limited.  For more information, please go to  www.planningjungle.com/?p=20
 

A side elevation of the original dwelling house

 

 

     

·       “A wall forming a side elevation of the original dwellinghouse” is any wall that cannot be identified as being a front wall or a rear wall.
[Source: “DCLG - Permitted development for householders - Technical guidance” (August 2010)].

 

·       The side wall of an original rear projection (i.e. the side wall facing the infill area) is “a side elevation of the original dwellinghouse” for the purposes of the GPDO.
[Note: This contradicts several entries below].
[Source: May 2009 - Code a00003].
[Source: December 2009 - Code a00053].
[Source: December 2009 - Code a00057].
[Source: January 2010 - Code a00084].
[Source: February 2010 - Code a00102].
[Source: April 2010 - Code a00114].
[Source: June 2010 - Code a00120].
[Source: June 2010 - Code a00125].
[Source: “DCLG - Permitted development for householders - Technical guidance” (August 2010)].
[Source:
November 2010 - Code a00148].

 

·       For example, an extension to the side of an original rear projection within a conservation area (or other article 1(5) land) is not permitted development.
[Note: This contradicts several entries below].
[Source: May 2009 - Code a00003].
[Source: December 2009 - Code a00053].
[Source: December 2009 - Code a00057].
[Source: January 2010 - Code a00084].
[Source: June 2010 - Code a00120].
[Source: June 2010 - Code a00125].
[Source: “DCLG - Permitted development for householders - Technical guidance” (August 2010)].

 

·       For example, an extension to the side of an original rear projection where the extension has a width greater than half the width of the original house is not permitted development.
[Note: This contradicts several entries below].
[Source: February 2010 - Code a00102].
[Source: “DCLG - Permitted development for householders - Technical guidance” (August 2010)].
[Source: November 2010 - Code a00148].

 

·       For example, an extension to the side of an original rear projection where the extension exceeds 4m in height is not permitted development.
[Note: This contradicts several entries below].
[Source: April 2010 - Code a00114].
[Source: “DCLG - Permitted development for householders - Technical guidance” (August 2010)].

 

·       For example, an extension to the side of an original rear projection where the extension has more than one storey is not permitted development.
[Note: This contradicts several entries below].
[Source: April 2010 - Code a00114].
[Source: “DCLG - Permitted development for householders - Technical guidance” (August 2010)].

 

·       Furthermore, even the side wall of an original single storey rear projection (i.e. the side wall facing the infill area) is “a side elevation of the original dwellinghouse” for the purposes of the GPDO.
[Note: This contradicts several entries below].
[Source: December 2009 - Code a00053].
[Source: June 2010 - Code a00120].
[Source: November 2010 - Code a00148].

 

·       The side wall of an original rear projection (i.e. the side wall facing the infill area) is not “a side elevation of the original dwellinghouse” for the purposes of the GPDO.
[Note: This contradicts several entries above].
[Source: March 2010 - Code a00106].

 

·       For example, an extension to the side of an original rear projection within a conservation area (or other article 1(5) land) is permitted development.
[Note: This contradicts several entries above].
[Source: March 2010 - Code a00106].

 

·       This appeal decision provides an example of where it was concluded that the side wall of an original single storey rear projection (i.e. the side wall facing the infill area) is not “a side elevation of the original dwellinghouse”. It should be noted that in this particular case the layout of the original single storey rear projection was relatively unusual.
[Note: This contradicts several entries above].
[Source: November 2010 - Code a00158].

 

·       In the case where the original rear projection is particularly shallow (e.g. a small step in the original rear wall), the side-facing part of this step is not “a side elevation of the original dwellinghouse” for the purposes of the GPDO.
[Source: November 2010 - Code a00157].

 

·       A property can have more than one wall that constitutes “a side elevation of the original dwellinghouse” for the purposes of the GPDO.
[Source: December 2009 - Code a00057].
[Source: April 2010 - Code a00114].
[Source: June 2010 - Code a00125].
[Source: “DCLG - Permitted development for householders - Technical guidance” (August 2010)].

 

·       The phrase “a wall forming a side elevation of the original dwellinghouse” does not apply to an original side wall that has previously been demolished.
[Source: January 2010 - Code a00083].
[Source: February 2010 - Code a00097].
[Source: March 2010 - Code a00109].
[Source:
January 2011 - Code a00197]

 

·       “A side elevation of the original dwellinghouse” can be the elevation opposite “the principal elevation” of the dwellinghouse.
[Source: November 2010 - Code a00160].

 

·       It is the front wall, not the principal elevation, which determines which elevations constitute “a side elevation of the original dwellinghouse”.
[Source: June 2011 - Code a00251].

 

 





  

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