Appeal Decision 151 - Certificate of Lawful Development.

November 2010 - Code a00151

Summary of Case (appeal dismissed): 

The property is a two-storey house, and the application was for a proposed single storey rear conservatory with length greater than 3m. The west side of the property is attached at first floor level only to number 692, which is a two-storey property used as a dental surgery, with an open passageway at ground floor level. 

The key issue was whether the property is “detached” or not for the purposes of 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 by more than 4 metres in the case of a detached dwellinghouse, or 3 metres in the case of any other dwellinghouse”. 

The Inspector stated the following: 

“The appeal building is attached to the adjoining building (no. 692) (a dental surgery) by a first floor construction some 20 feet (approximately 6 metres) in length. The full depth of [the applicationsite], on this western side, is some 15m. A passageway to the rear of this building passes underneath this link. The fact that the link is only partial does not detract from my view that the appeal building is not detached. Furthermore, the provision paraphrased in paragraph 2 defines the building proposed for extension and, in that respect, the character of the attached building, no. 692, as a dental surgery and not a dwellinghouse, is of no relevance. 

The appeal building was constructed as a detached house around 1880 and no. 692 was built at some time after 1948. I have considered this appeal on the basis of the situation before me at the time of my decision. 

I conclude that the appeal building is not a detached building and so the relevant distance in respect of the specific class of permitted development sought is 3m. The figured dimensions on the plans provided to me show that the proposal would extend by up to 4.449m beyond the original rear wall of the dwellinghouse. It, therefore, would not be permitted development under the provisions of the GPDO”. 

Main Conclusions: 

·       For the purposes of Class A, part A.1(e), where a property is attached at first floor level only to a neighbouring building, this can still be sufficient for the property to be classed as not detached.
[Relevant to: ““Detached dwellinghouse” (versus “any other dwellinghouse”) and “terrace house” (versus “in any other case””, “A.1(e)”, “B.1(c), “Interpretation I”].

·       For the purposes of Class A, part A.1(e), where a property is attached for only part of its length to a neighbouring building, this can still be sufficient for the property to be classed as not detached.
[Relevant to: ““Detached dwellinghouse” (versus “any other dwellinghouse”) and “terrace house” (versus “in any other case””, “A.1(e)”, “B.1(c), “Interpretation I”].

·       For the purposes of Class A, part A.1(e), where a property was originally detached but has subsequently become attached to a neighbouring building, this can still be sufficient for the property to be classed as not detached.
[Relevant to: ““Detached dwellinghouse” (versus “any other dwellinghouse”) and “terrace house” (versus “in any other case””, “A.1(e)”, “B.1(c), “Interpretation I”].

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

·       Appeal Decision Notice:
http://planningjungle.com/?s2member_file_download=a00151-Appeal-Decision-Notice.pdf&s2member_skip_confirmation&s2member_file_inline=yes 

·       OS Map:
http://planningjungle.com/?s2member_file_download=a00151-OS-Map.pdf&s2member_skip_confirmation&s2member_file_inline=yes 

·       Floor Plans:
http://planningjungle.com/?s2member_file_download=a00151-Floor-Plans.pdf&s2member_skip_confirmation&s2member_file_inline=yes 

·       Elevations:
http://planningjungle.com/?s2member_file_download=a00151-Elevations.pdf&s2member_skip_confirmation&s2member_file_inline=yes 

·       Aerial Photo:
http://planningjungle.com/?s2member_file_download=a00151-Aerial-Photo.pdf&s2member_skip_confirmation&s2member_file_inline=yes 

Download documents and diagrams of useful

Permitted Development information