Appeal Decision 14 - Certificate of Lawful Development.
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August 2009 -
Summary of Case (appeal
The property is a two-storey
mid-terrace house. The application was for a single storey rear extension, which would have had a mono-pitch
roof, sloping up towards the main house. This would have had height 2.82m along its rear elevation, increasing
to height 3.78m where it meets the rear wall of the main house.
The Council refused the application on the basis that the height of the eaves of the proposed extension would
exceed 3m. The Inspector noted that from a checklist used to assess permitted development, it would appear that the
Council measured the height of the eaves as 3.78 metres.
The Inspector concluded that the height of the eaves of the proposed extension would not exceed 3m. As there is no
definition of “eaves” in the Order, the Inspector took the ordinary dictionary meaning as “the lower overhanging
part of a sloping roof”.
For an extension with a pitched
roof, the “eaves” of the extension are the lower end of the slope, and can not be taken to be the higher end
(i.e. ridge-line) of the slope.
[Relevant to: “Eaves”, A.1(g), E.1(e)].
Links to the “Appeal Decision
Notice” and other associated documents (e.g. drawings, etc):
· Appeal Decision
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