Appeal Decision 16 - Certificate of Lawful Development.
This appeal decision summary and
assessment has been produced by Planning Jungle Limited. For more information, please go to www.planningjungle.com/?p=20
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August 2009 -
Code a00016
Summary of Case (appeal
dismissed):
The property is a two-storey
mid-terrace house. Its front elevation is staggered, such that it has three separate main front-facing roof
slopes, plus the roof over the front bay window. The application was for various works to the roof, and included
the sideways extension of the first and second main front-facing roof slopes.
The key issue was whether the proposals would be contrary to Class B, part B.1(b), which states that “development
is not permitted by Class B if … any part of the dwellinghouse would, as a result of the works, extend beyond the
plane of any existing roof slope which forms the principal elevation of the dwellinghouse and fronts a
highway”.
The Inspector concluded that all four of the front-facing roof slopes “form part of the principal elevation”. He
concluded that therefore the proposals would “extend a roof slope considerably beyond another existing roof slope
in the front elevation”, contrary to Class B, part B.1(b), and would not be permitted development.
Main
Conclusions:
·
Where the front elevation of a
property is staggered, then more than one roof slope facing the same direction can form “the principal
elevation”.
[Note:
This would appear to contradict at least one other appeal decision – for further information see the entry in
the “Reference Section” on “Principal Elevation”].
[Relevant to: “Principal Elevation”, A.1(d), B.1(b),
E.1(b), F.1, 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=a00016-Appeal-Decision-Notice.pdf&s2member_skip_confirmation&s2member_file_inline=yes
· OS Map and
Plans:
http://planningjungle.com/?s2member_file_download=a00016-OS-Map-and-Plans.pdf&s2member_skip_confirmation&s2member_file_inline=yes
· Existing
Elevations:
http://planningjungle.com/?s2member_file_download=a00016-Existing-Elevations.pdf&s2member_skip_confirmation&s2member_file_inline=yes
· Proposed
Elevations:
http://planningjungle.com/?s2member_file_download=a00016-Proposed-Elevations.pdf&s2member_skip_confirmation&s2member_file_inline=yes
Download documents and diagrams of
useful
Permitted Development
information
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Permitted Development England
