Appeal Decision 144 - Certificate of Lawful Development.

October 2010 - Code a00144

Summary of Case (appeal dismissed): 

The property is a large two-storey detached house, with a hipped main roof. The application was for proposed works to the roof, which would have involved the lowering of the main ridge-line, the creation of partial gables on each end, and the creation of a large rear dormer. 

The Council’s reason for refusal was as follows: 

“The proposal would effectively involve the removal of the existing and the erection of a new roof. Given this it would not be possible for the proposal to fall under class B or C of the Town and Country Planning (General Permitted Development) (Amendment) (No.2) (England) Order 2008.” 

As all of the paragraphs of this appeal decision notice are directly relevant, they are not reproduced here – instead it is recommended that the full decision notice is viewed. 

[Note: In my opinion, the works proposed by this particular application were relatively unusual in that they proposed the lowering of the main ridge-line, which would presumably require the angle of all of the rafters to be changed. As such, in my opinion, it is unlikely to be possible to apply the conclusion of this appeal decision to most other applications, such as those with a more typical combination of hip-to-gable extensions, rear dormers, and re-roofing works].

Main Conclusions: 

·       Where the proposed works to a roof are so great as to require a substantial, or complete, demolition and rebuilding of the roof, then the works would not be permitted development. This is on the basis that such works would not constitute an “addition” or “alteration” to the roof, and therefore would not fall within either Class B or Class C.
[Relevant to: Class B, Class C].

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

·       Appeal Decision Notice:
http://planningjungle.com/?s2member_file_download=a00144-Appeal-Decision-Notice.pdf&s2member_skip_confirmation&s2member_file_inline=yes 

·       OS Map:
http://planningjungle.com/?s2member_file_download=a00144-OS-Map.pdf&s2member_skip_confirmation&s2member_file_inline=yes 

·       Drawings:
http://planningjungle.com/?s2member_file_download=a00144-Drawings.pdf&s2member_skip_confirmation&s2member_file_inline=yes 

Download documents and diagrams of useful

Permitted Development information