Appeal Decision 175 - Certificate of Lawful Development.

December 2010 - Code a00175

Summary of Case (appeal dismissed): 

The property is a detached bungalow, with its front elevation facing south-east towards a public footpath. The application was for a proposed single storey front extension. 

The key issue was whether the proposed extension would be contrary to Class A, part A.1(d), which states that “Development is not permitted by Class A if … the enlarged part of the dwellinghouse would extend beyond a wall which— (i) fronts a highway, and (ii) forms either the principal elevation or a side elevation of the original 

dwellinghouse”. 

The Inspector stated the following: 

“A “highway” is not defined in the Town and Country Planning legislation. However, in accordance with common usage, it includes not only a made-up road but any way over which members of the public have the right to pass and repass, including a footpath. Given that the south-eastern elevation of [the application site] faces a public footpath, I find that the proposal would extend beyond a wall which fronts a highway”. 

The Inspector then considered whether the south-eastern elevation of the property is a principal or side elevation, and concluded that it is “the principal elevation”. 

Main Conclusions: 

·       The term “highway” includes any way over which members of the public have the right to pass and repass.
[Relevant to: “Highway”, A.1(d), B.1(b), D.1(c), F.1(a), G.1(b), H.1(d)].

·       The term “highway” includes a public footpath.
[Relevant to: “Highway”, A.1(d), B.1(b), D.1(c), F.1(a), G.1(b), H.1(d)].

·       This appeal decision provides an example of the types of factors that should be taken into consideration when determining which elevation is “the 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=a00175-Appeal-Decision-Notice.pdf&s2member_skip_confirmation&s2member_file_inline=yes 

·       OS Map:
http://planningjungle.com/?s2member_file_download=a00175-OS-Map.pdf&s2member_skip_confirmation&s2member_file_inline=yes 

·       Floor Plans:
http://planningjungle.com/?s2member_file_download=a00175-Floor-Plans.pdf&s2member_skip_confirmation&s2member_file_inline=yes 

·       Elevations:
http://planningjungle.com/?s2member_file_download=a00175-Elevations.pdf&s2member_skip_confirmation&s2member_file_inline=yes 

Download documents and diagrams of useful

Permitted Development information