Appeal Decision 141 - Certificate of Lawful Development.

September 2010 - Code a00141

Summary of Case (appeal allowed): 

The property is a two-storey semi-detached house with an existing single storey side garage. The application was for a proposed side extension, to replace the existing garage. The front wall of the proposed extension would be in line with the main front wall of the house (the principal elevation), but the eaves would have projected 0.25m forward of this line. 

The key issue was whether the proposed extension would be contrary to Class A, part A.1(d), which states that “Development is not permitted by Class A if … the enlarged part of the dwellinghouse would extend beyond a wall which— (i) fronts a highway, and (ii) forms either the principal elevation or a side elevation of the original 

Dwellinghouse”. 

The Inspector stated the following: 

“There is no dispute that the wall of the proposed extension would be in line with the wall of the principal elevation of the original house and that this elevation fronts the highway. The proposal therefore does not offend 

paragraph A.1(d)1 to that extent. 

The point of dispute is in relation to the soffite (sic) and fascia [According to the Appellant] or the roof and Eaves [According to the Council] of the extension which extend beyond the wall for a distance of some 0.25m. Eaves are specifically referred to in paragraph A.1(c) and the only limitation is where 'the height of the eaves of the part of the dwellinghouse enlarged, improved or altered would exceed the height of the eaves of the existing dwellinghouse'. The eaves in this case would not exceed that limitation. 

In considering whether a householder development proposal is permitted development the general principle to be employed is that all of the relevant parts and classes within those parts of the GPDO provisions need to be taken into account. Therefore in this case the combination of A.1(c) and A.1(d) would bring the proposed development within permitted development rights.” 

Main Conclusions: 

·       Where the front wall of a side extension would be in line with the principal elevation (i.e. in accordance with the forward projection limit of Class A, part A.1(d)), but the eaves / guttering / soffit / fascia of the extension would project slightly forward of this line, then this would still be permitted development.
[Relevant to: A.1(d)].

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

·       Appeal Decision Notice:
http://planningjungle.com/?s2member_file_download=a00141-Appeal-Decision-Notice.pdf&s2member_skip_confirmation&s2member_file_inline=yes 

·       OS Map:
http://planningjungle.com/?s2member_file_download=a00141-OS-Map.pdf&s2member_skip_confirmation&s2member_file_inline=yes 

·       Floor Plans:
http://planningjungle.com/?s2member_file_download=a00141-Floor-Plans.pdf&s2member_skip_confirmation&s2member_file_inline=yes 

·       Existing 3D Visualiation:
http://planningjungle.com/?s2member_file_download=a00141-Existing-3D-Visualisation.pdf&s2member_skip_confirmation&s2member_file_inline=yes 

·       Proposed 3D Visualiation:
http://planningjungle.com/?s2member_file_download=a00141-Proposed-3D-Visualisation.pdf&s2member_skip_confirmation&s2member_file_inline=yes 

Download documents and diagrams of useful

Permitted Development information