Appeal Decision 132 - Certificate of Lawful Development.

August 2010 - Code a00132

Summary of Case (appeal dismissed): 

The property is a house, which is located within an Area of Outstanding Natural Beauty (AONB), and the application was for a proposed outbuilding (double garage). There is a good description of the proposals within the appeal decision notice (see extract below).  

The key issue was whether the proposed outbuilding would be contrary to Class E, part E.3, which states that “In the case of any land within the curtilage of the dwellinghouse which is article 1(5) land, development is not permitted by Class E if any part of the building … would be situated on land between a wall forming a side elevation of the dwellinghouse and the boundary of the curtilage of the dwellinghouse”. 

The Inspector stated the following: 

“The elevation of the proposed double garage that would face the highway would be set approximately a metre behind the host dwelling’s main rear elevation, but overlap by a slightly smaller distance the side elevation of a 

conservatory that has been added to the rear of [the application site]. 

The appellant has pointed me to an appeal decision [ December 2009 - Code a00054] that he suggests refutes the Council’s application of Class E.3 of the GPDO. He cites the Inspector’s interpretation of "between a wall" in Class E.3 as only including any building that is within the area bounded by lines extended from the front and rear elevations of the host dwelling to the edge of the curtilage. His interpretation of the facts of the case before me would place the proposed garage outside that area. 

I have noted my colleague’s view but consider that the circumstances of this appeal differ in one significant respect. In particular, I consider that the side elevation of the conservatory must be material to my interpretation of Class E.3. I note that its wording firstly specifies ‘…any part…’ of the building proposed and secondly uses the phrase ‘…on land between a wall forming a side elevation of the dwellinghouse...’ The side (or south) elevation of the proposed garage overlaps the facing (north) elevation of the conservatory, if only by a small distance. In using the indefinite article before the words ‘…wall…’ and ‘…side elevation…’, I consider it reasonable to interpret Class E.3 in terms of the Council’s comment that a building may have a number of side elevations. In these circumstances, I consider that the proposed garage would fall within the excluded area as defined by a line extended from the rear elevation of the conservatory. 

I therefore consider that, although the proposed development satisfies the other requirements relating to Class E, it fails to satisfy the specific requirements of Class E.3 as they apply within an AoNB.” 

Main Conclusions: 

·       Class E, part E.3 only prevents outbuildings from being within the area that is directly in between the side wall of the house and the side boundary. In other words, this limitation does not cover the additional area that can be covered by a straight line drawn at any angle from the side wall to the side boundary, nor does it cover the additional area that can be covered if considering the imaginary line of the side wall when extended forwards and rearwards.
[Relevant to: E.3].

·       For the purposes of Class E, part E.3, the phase “a side elevation of the dwellinghouse” includes the side wall of a non-original extension. As such, Class E, part E.3 would prevent an outbuilding from being within the area that is directly in between the side wall of such an extension and the side boundary.
[Relevant to: E.3].

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

·       Appeal Decision Notice:
http://planningjungle.com/?s2member_file_download=a00132-Appeal-Decision-Notice.pdf&s2member_skip_confirmation&s2member_file_inline=yes 

·       Existing Site Plan:
http://planningjungle.com/?s2member_file_download=a00132-Existing-Site-Plan.pdf&s2member_skip_confirmation&s2member_file_inline=yes 

·       Existing Elevations:
http://planningjungle.com/?s2member_file_download=a00132-Existing-Elevations.pdf&s2member_skip_confirmation&s2member_file_inline=yes 

·       Proposed Site Plan:
http://planningjungle.com/?s2member_file_download=a00132-Proposed-Site-Plan.pdf&s2member_skip_confirmation&s2member_file_inline=yes 

·       Proposed Block Plan:
http://planningjungle.com/?s2member_file_download=a00132-Proposed-Block-Plan.pdf&s2member_skip_confirmation&s2member_file_inline=yes 

·       Proposed Elevations:
http://planningjungle.com/?s2member_file_download=a00132-Proposed-Elevations.pdf&s2member_skip_confirmation&s2member_file_inline=yes 

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Permitted Development information