Appeal Decision 156 - Certificate of Lawful Development.

November 2010 - Code a00156

Summary of Case (appeal dismissed): 

The property is a very large detached house, with an original rear wall that is stepped. The application was for a proposed single storey extension, which would have wrapped around an original rear projection with an L-shaped footprint. The proposed extension would have had length 11.0m as measured from the rear wall within the infill area, and length 4m as measured from the rear wall of the original rear projection. 

The key issue was whether the proposals would be contrary to 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 … 3 metres”. 

The Inspector stated the following: 

“Although part of the proposed wrap-round extension would be sited to the rear of one part of the original rear wall, I find that the element to the rear of the garage (now playroom/toilet) would extend out some 11m and would thus extend more than four metres beyond this rear wall of the original property. This means that the addition would not meet the terms of section A.1 (e) (i) and is therefore not permitted”. 

Main Conclusions: 

·       Where a property has a (part-width) original rear projection, then there will be more than one wall that constitutes “the rear wall of the original dwellinghouse” for the purposes of Class A, part A.1(e). This means that where the original rear elevation of a property is stepped, the 3m/4m rear projection limit will be similarly stepped.
[Note: This would appear to contradict at least one other appeal decision – for further information see the entry in the “Reference Section” on “The rear wall of the original dwellinghouse”].
[Relevant to: “The rear wall of the original dwellinghouse”, A.1(e), A.1(f), A.2(c)].

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

·       Appeal Decision Notice:
http://planningjungle.com/?s2member_file_download=a00156-Appeal-Decision-Notice.pdf&s2member_skip_confirmation&s2member_file_inline=yes 

·       OS Map:
http://planningjungle.com/?s2member_file_download=a00156-OS-Map.pdf&s2member_skip_confirmation&s2member_file_inline=yes 

·       Drawings:
http://planningjungle.com/?s2member_file_download=a00156-Drawings.pdf&s2member_skip_confirmation&s2member_file_inline=yes 

Download documents and diagrams of useful

Permitted Development information