Appeal Decision 126 - Certificate of Lawful Development.

June 2010 - Code a00126

Summary of Case (appeal dismissed): 

The property is a two-storey mid-terrace house with an original two-storey rear projection. Across part of the width of the latter structure is an original single storey WC, and across the remaining width of the latter structure is a single storey rear extension. The application was for an extension within the side infill area, which would have projected 3m beyond the end of the original two-storey rear projection, wrapping around the rear of the latter to replace the original single storey WC and existing single storey rear extension.

The key issue was whether the proposals would be contrary to Class A, part A.1(e), which states that “development is not permitted by Class A if … the enlarged part of the dwellinghouse would … extend beyond the rear wall of the original dwellinghouse by more than … 3 metres”. 

The Inspector stated the following: 

“The proposed extension would project some 6.6 metres beyond the rear wall of the main part of the original dwellinghouse and some 3 metres beyond the rear wall of the original projection. Communities and Local Government have published guidance on some aspects of the amended Part 1 of the GPDO. This is only guidance and the GPDO has to be interpreted in terms of how it is written. Nevertheless the guidance makes it clear that the relevant consideration is the part of the wall that is being extended from and that where there is an original rear addition/outrigger there will be more than one original rear wall. I find nothing in the words of the GPDO that would argue for a different interpretation. There is no suggestion that paragraph A.1(e)(i) is intended to refer only to the rear wall that is furthest back regardless of which rear wall is being extended from. 

The proposed development would extend by more than 3 metres from the rear wall of the original main part of the dwellinghouse. The proposal has to be considered as a whole and it fails to satisfy the test in paragraph A.1(e)(i) and would not be permitted development under Class A. No other part of the GPDO is relevant. 

The Appellant has referred to different interpretations of the GPDO by others, including other local planning authorities. I cannot comment in this decision on those interpretations nor can I take them into account as no legal authority has been provided with regard to these different interpretations. I have also noted the Appellant’s concerns about the advice and information she was given about her application by the Council but these are matters outside the planning considerations with which I am concerned in this appeal.” 

Main Conclusions: 

·       Where a property has a (part-width) original rear projection, then there will be more than one wall that constitutes “the rear wall of the original dwellinghouse” for the purposes of Class A, part A.1(e). This means that where the original rear elevation of a property is stepped, the 3m/4m rear projection limit will be similarly stepped.
[Note: This would appear to contradict at least one other appeal decision – for further information see the entry in the “Reference Section” on “The rear wall of the original dwellinghouse”].
[Relevant to: “The rear wall of the original dwellinghouse”, A.1(e), A.1(f), A.2(c)].

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

·       Appeal Decision Notice:
http://planningjungle.com/?s2member_file_download=a00126-Appeal-Decision-Notice.pdf&s2member_skip_confirmation&s2member_file_inline=yes 

·       OS Map:
http://planningjungle.com/?s2member_file_download=a00126-OS-Map.pdf&s2member_skip_confirmation&s2member_file_inline=yes 

·       Existing Elevations and Ground Floor Plan:
http://planningjungle.com/?s2member_file_download=a00126-Existing-Elevations-and-Ground-Floor-Plan.pdf&s2member_skip_confirmation&s2member_file_inline=yes 

·       Proposed Ground Floor Plan:
http://planningjungle.com/?s2member_file_download=a00126-Proposed-Ground-Floor-Plan.pdf&s2member_skip_confirmation&s2member_file_inline=yes 

·       Proposed Elevations:
http://planningjungle.com/?s2member_file_download=a00126-Proposed-Elevations.pdf&s2member_skip_confirmation&s2member_file_inline=yes 

Download documents and diagrams of useful

Permitted Development information