Appeal Decision 163 - Certificate of Lawful
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November 2010 - Code
Summary of Case (appeal
The property is a two-storey
mid-terrace house with an original three-storey rear projection. The application was for an extension within the
side infill area, which would have had length 6.2m matching the length of the infill area.
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
“In August 2010, the
Government published Permitted Development for Householders: Technical Guidance as an aid to the interpretation
of the Order. It clarifies on page 17 of the Guidance that, where the original rear wall of a house is stepped,
then each of these walls will form ‘the rear wall of the original dwelling house’; this is illustrated in
accompanying diagrams. It is clear that the proposed development would extend by more than 3m from one of the
rear walls of the appeal dwelling house. It would not comply with the criteria which define permitted
development in the Order and therefore I conclude that the Council’s decision to refuse the application for a
Lawful Development Certificate is well founded”.
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
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
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