ppeal Decision 17 - Certificate of Lawful Development.

August 2009 - Code a00017

Summary of Case (appeal dismissed): 

The property is a two-storey mid-terrace house with an original rear projection consisting of a two-storey part and a single-storey part. The application would have constructed an extension within the side infill area, which would have projected 6.6m to the end of the original single-storey rear projection, wrapping around to replace the latter.

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 appellant argued that in this case the “rear wall of the original dwellinghouse” is the rearmost wall of the original rear projection. The Inspector disagreed with this argument. He stated the following: 

“… I consider that reference to the ‘rear wall of the original dwelling house’ in paragraph A.1(e)(i) is to the part of the wall being extended from, and that where there is an original rear extension there is more than one original rear wall”. 

The Inspector therefore concluded that the proposed extension would not be permitted development.

 

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=a00017-Appeal-Decision-Notice.pdf&s2member_skip_confirmation&s2member_file_inline=yes 

·       Drawings:
http://planningjungle.com/?s2member_file_download=a00017-Drawings.pdf&s2member_skip_confirmation&s2member_file_inline=yes 

Download documents and diagrams of useful

Permitted Development information