Appeal Decision 158 - Certificate of Lawful Development.

November 2010 - Code a00158

Summary of Case (appeal allowed): 

The property is a semi-detached house with an original single storey rear projection. The latter structure is partly tapered, with a wall at an angle of approx 45 degrees between a rear-facing wall and a side-facing wall. The application was for a proposed single storey rear extension, which would have replaced the original single storey rear projection and covered the full width of the property. 

The key issue was whether the proposed extension would be contrary to Class A, part A.1(h), which states that “Development is not permitted by Class A if … the enlarged part of the dwellinghouse would extend beyond a wall forming a side elevation of the original dwellinghouse, and would— … (iii) have a width greater than half the width of the original dwellinghouse”. 

The Inspector stated the following: 

“In my interpretation of the Order I have had regard to the document “Technical Guidance – Permitted development for householders” issued by the Department for Communities and Local Government in August 2010. This guidance indicates that “ A wall forming a side elevation of a house will be any wall that cannot be identified as being a front wall or a rear wall” 

At my site visit I examined the nature of the property and in particular those walls forming the side and rear elevations which the appellants contend to be original ‘footprint’. As a matter of fact and degree, I find that the proposal would not extend beyond a wall forming a side elevation of the original property. In my judgement, the angled rear wall of the toilet/utility room and the protrusion of the rear facing bay window are not within a reasonable definition of the term ‘wall forming a side elevation’ and should be regarded as the rear wall”. 

[Note: It should be noted that several previous appeal decisions (December 2009 - Code a00053, June 2010 - Code a00120, and November 2010 - Code a00148) have concluded that the side wall of an original single storey rear projection (i.e. the side wall facing the infill area) is “a side elevation of the original dwellinghouse” for the purposes of the GPDO. In my opinion, it is not certain that the conclusion for this current appeal decision contradicts these other previous appeal decisions because in this current case the original single storey rear projection has a relatively unusual footprint (it is partly tapered, with a wall at an angle of approx 45 degrees between a rear-facing wall and a side-facing wall). However, on balance, my opinion is that the conclusion for this current appeal decision does contradict these other previous appeal decisions. 

It should also be noted that even if the Inspector had concluded that the original single storey rear projection provides “a side elevation of the original dwellinghouse”, then two previous appeal decisions (January 2010 - Code a00083 and February 2010 - Code a00097) have indicated that the limitations of Class A, part A.1(h) would no longer apply after the proposed demolition of this structure].

Main Conclusions: 

·       This appeal decision provides an example of where it was concluded that the side wall of an original single storey rear projection (i.e. the side wall facing the infill area) is not “a side elevation of the original dwellinghouse”. It should be noted that in this particular case the layout of the original single storey rear projection was relatively unusual.
[Note: This would appear to contradict at least one other appeal decision – for further information see the entry in the “Reference Section” on “A side elevation of the original dwellinghouse”].
[Relevant to: “A side elevation of the original dwellinghouse”, A.1(d), A.1(h), A.2(b), A.3(b), B.2(c), C.2, E.3, G.1(b)].

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

·       Appeal Decision Notice:
http://planningjungle.com/?s2member_file_download=a00158-Appeal-Decision-Notice.pdf&s2member_skip_confirmation&s2member_file_inline=yes 

·       Existing Floor Plans:
http://planningjungle.com/?s2member_file_download=a00158-Existing-Floor-Plans.pdf&s2member_skip_confirmation&s2member_file_inline=yes 

·       Existing Elevations:
http://planningjungle.com/?s2member_file_download=a00158-Existing-Elevations.pdf&s2member_skip_confirmation&s2member_file_inline=yes 

·       Proposed Floor Plans:
http://planningjungle.com/?s2member_file_download=a00158-Proposed-Floor-Plans.pdf&s2member_skip_confirmation&s2member_file_inline=yes 

·       Proposed Elevations:
http://planningjungle.com/?s2member_file_download=a00158-Proposed-Elevations.pdf&s2member_skip_confirmation&s2member_file_inline=yes 

Download documents and diagrams of useful

Permitted Development information