Appeal Decision 12 - Certificate of Lawful Development.

July 2009 - Code a00012  

Summary of Case (appeal allowed): 

The property is a two storey semi-detached house, and the application was for a hip-to-gable roof extension with a rear dormer. 

The key issue was whether the flat roof of the dormer would be contrary to Class B, part B.2(a), which requires that “the materials used in any exterior work shall be of a similar appearance to those used in the construction of the exterior of the existing dwellinghouse”. 

The Council refused the application with the following reason for refusal:

“The flat roof to the proposed dormer would not be constructed of similar materials to that of the existing dwellinghouse.  The development would not therefore comply with the conditions as set out in Class B, Part 1, Schedule 2 of the Town and Country Planning (General Permitted Development) Order 1994 (as amended).  A planning application will therefore be required”

The Inspector stated that, in assessing the “of a similar appearance” condition, there would be a number of factors to be considered in each particular case, including the colour of the material, and its prominence/visibility on the extension.  He stated that he could see no reason why a flat roofing material could not be chosen that would have a similar colour to pebbledash, clay tile or brick, but that more importantly, the height of flat roof and its relationship to possible nearby viewpoints would be such that it would be virtually unseen. He concluded that the condition could be met. 

Main Conclusions: 

·       The use of felt (or similar) for the flat roof of a dormer (assuming that the visibility of the roof would be limited) would not be contrary to Class B, part B.2(a).  The Inspector indicates (or implies) that the felt would not need to have a similar colour to the materials on the existing house.
[Note: This would appear to contradict at least one other appeal decision – for further information see the entry in the “Reference Section” on “Materials”]
[Relevant to: “Materials”, A.3(a), B.2(a)]. 

Links to the “Appeal Decision Notice” and other associated documents (e.g. drawings, etc): 

·       Appeal Decision Notice:
http://planningjungle.com/?s2member_file_download=a00012-Appeal-Decision-Notice.pdf&s2member_skip_confirmation&s2member_file_inline=yes 

·       Council’s Decision Notice:
http://planningjungle.com/?s2member_file_download=a00012-Councils-Decision-Notice.pdf&s2member_skip_confirmation&s2member_file_inline=yes