Appeal Decision 18 - Certificate of Lawful Development.

August 2009 - Code a00018

Summary of Case (appeal allowed): 

The property is a two-storey detached house, on which 2x two-storey side extensions have previously been constructed, and the application was for a single storey rear extension. Part of this extension would have projected from the rear wall of the original house, and part of it would have projected from the rear wall of one of the side extensions. (Note: As the layout of the property is relatively unusual, please refer to the drawings for further information).

The key issue was whether 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”, restricts the width of the extension to the width of the original rear wall.

 

The Council’s reason for refusal included the following wording:

“Notwithstanding that the enlarged part of this detached dwelling would be a single storey enlargement extending beyond the rear wall of the existing dwelling by no more than 4 metres and not exceeding 4 metres in height, the enlarged part of the dwelling would extend in part only beyond the rear wall of the original dwellinghouse. For this reason the proposed development does not fall within the scope of Class A, Part 1 of The Town and Country Planning (General Permitted Development) (Amendment) (No. 2) (England) Order 2008 and planning permission is therefore required.”

The Inspector disagreed with the Council. He noted that limitation A.1(e) does not require an extension to be wholly from or, indeed, from the rear wall of the original dwellinghouse at all, only that it cannot extend “beyond” the rear wall of the original dwellinghouse by more than 4m in the case of a detached house. He noted that, in this case, no part of the enlarged dwellinghouse would project more than 4m beyond any part of the rear wall of the original dwellinghouse; nor, indeed, more than 4m beyond the rear wall of the original dwellinghouse to which it is attached – albeit attached in part. 

This appeal decision would therefore indicate that, where the original rear elevation of a property is flat, Class A, part A.1(e) does not in itself restrict the width of the extension to the width of the original rear wall. 

[Note: In my opinion, the conclusion of this appeal should be compared with the conclusion of “September 2009 - Code a00023”, which stated that where a property has an original rear projection, an extension to the rear of this is limited to the width of the original rear projection. In my opinion, the key difference between these two cases is that “August 2009 - Code a00018” dealt with a property with a flat rear elevation, whereas “September 2009 - Code a00023” dealt with a property with a stepped rear elevation. With a flat rear elevation, where an extension to the rear of this elevation exceeds the width of the latter, the excess part is not physically to the rear of any “rear wall of the original dwellinghouse”. However, with a stepped rear elevation, where an extension to the rear of the original rear projection exceeds the width of the latter, the excess part is physically to the rear of the rear-facing wall within the infill area, which Inspectors have found to be part of “the rear wall of the original dwellinghouse”]. 

Main Conclusions: 

·       Where the original rear elevation of a property is flat, Class A, part A.1(e) does not in itself restrict the width of the extension to the width of the original rear wall.
[Relevant to: A.1(e), A.1(f)].

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

·       Appeal Decision Notice:
http://planningjungle.com/?s2member_file_download=a00018-Appeal-Decision-Notice.pdf&s2member_skip_confirmation&s2member_file_inline=yes 

·       Existing Drawings:
http://planningjungle.com/?s2member_file_download=a00018-Existing-Drawings.pdf&s2member_skip_confirmation&s2member_file_inline=yes 

·       Proposed Drawings:
http://planningjungle.com/?s2member_file_download=a00018-Proposed-Drawings.pdf&s2member_skip_confirmation&s2member_file_inline=yes 

·       Diagram of Original Building:
http://planningjungle.com/?s2member_file_download=a00018-Diagram-of-Original-Building.pdf&s2member_skip_confirmation&s2member_file_inline=yes 

·       Council’s Delegated Report:
http://planningjungle.com/?s2member_file_download=a00018-Councils-Delegated-Report.pdf&s2member_skip_confirmation&s2member_file_inline=yes 

·       Council’s Decision Notice:
http://planningjungle.com/?s2member_file_download=a00018-Councils-Decision-Notice.pdf&s2member_skip_confirmation&s2member_file_inline=yes 

Download documents and diagrams of useful

Permitted Development information