ppeal Decision 17 - Certificate of Lawful Development.
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assessment has been produced by Planning Jungle Limited. For more information, please go to www.planningjungle.com/?p=20
August 2009 -
Summary of Case (appeal
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
The Inspector therefore
concluded that the proposed extension would not be permitted development.
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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