Appeal Decision 171 - Certificate of Lawful Development.

December 2010 - Code a00171

Summary of Case (appeal allowed): 

The property is a two-storey semi-detached house, and the application was for a proposed hip-to-gable roof extension, a large rear dormer, and front rooflights. 

The proposed rear dormer would have been set back by more than 20cm from the outer edge of the section of the roof overhanging the rear wall of the house, but less than 20cm from the point where the vertical plane of this wall meets the slope of the roof. 

The key issue was whether the proposed rear dormer would be contrary to Class B, part B.2(b), which states that “Development is permitted by Class B subject to the following conditions … (b) other than in the case of a hip-to-gable enlargement, the edge of the enlargement closest to the eaves of the original roof shall, so far as practicable, be not less than 20 centimetres from the eaves of the original roof”. 

The Inspector stated the following: 

“Paragraph B.2(b) states that development is permitted by Class B provided that “other than in the case of a hip-to-gable enlargement, the edge of the enlargement closest to the eaves of the original roof shall, so far as practicable, be not less than 20 cm from the eaves of the original roof.” It is clear from the drawings that the side elevation of the roof is not caught by this condition since that will be ‘hip to gable’. However, the rear elevation of the roof shows the dormer extension sitting on the original roof with the drawing PSP/004 showing a set back of 37.7cm from the edge of the original roof to the rear upright wall of the proposed dormer. The Council argues that the eaves should be taken as measured excluding the overhang of the roof beyond the original rear wall. They find support for this view from a previous Inspector’s decision [February 2010 - Code a00092].

Relevant technical guidance from the Department for Communities and Local Government3 (DCLG) has recently been published on the Planning Portal, which I consider resolves the disputed issue reasonably straightforwardly. I note that the appellant relies upon this guidance. On page 35 under the heading of B.2 (b), the advice is given that “the measurement of 20cm should be made along the original roof slope from the outermost edge of the eaves (the edge of the tiles or slates) to the edge of the enlargement.” This written guidance is supplemented by a diagram showing how the measurement should be made. 

It is clear to me that the proposed development conforms with the DCLG advice and the measurement from the eaves to the edge of the proposed enlargement is comfortably over 20cm. Although the term “eaves” is not defined in the GPDO the DCLG advice takes it to mean the edge of the tiles or slates, and not that part of the roof where the vertical wall meets the slope of the roof. I see no good reason why I should not follow this definition While I appreciate it differs from the Inspector’s decision on which the Council have relied to support their view that the proposal is not lawful, that decision was issued in February 2010, six months before the DCLG advice was published. As stated on page 5, the DCLG guidance is intended to “give an explanation of the rules on permitted development for householders, what these mean and how they should be applied to particular sets of circumstances”. In this case I am satisfied that the guidance enables the appeal issue to be resolved”. 

Main Conclusions: 

·       For the purposes of the 20cm set back, the term “eaves” applies just to the outer edge of the section of the roof overhanging the wall. As such, the 20cm set back should be measured from the outer edge of the sloping roof.
[Note: This would appear to contradict at least one other appeal decision – for further information see the entry in the “Reference Section” on “B.2(b)”].
[Relevant to: B.2(b)].

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

·       Appeal Decision Notice:
http://planningjungle.com/?s2member_file_download=a00171-Appeal-Decision-Notice.pdf&s2member_skip_confirmation&s2member_file_inline=yes 

·       OS Map:
http://planningjungle.com/?s2member_file_download=a00171-OS-Map.pdf&s2member_skip_confirmation&s2member_file_inline=yes 

·       Front and Rear Elevations:
http://planningjungle.com/?s2member_file_download=a00171-Front-and-Rear-Elevations.pdf&s2member_skip_confirmation&s2member_file_inline=yes 

·       Side Elevations:
http://planningjungle.com/?s2member_file_download=a00171-Side-Elevations.pdf&s2member_skip_confirmation&s2member_file_inline=yes 

·       Proposed Section:
http://planningjungle.com/?s2member_file_download=a00171-Proposed-Section.pdf&s2member_skip_confirmation&s2member_file_inline=yes 

Download documents and diagrams of useful

Permitted Development information