Appeal Decision 181 - Certificate of Lawful Development.

December 2010 - Code a00181

Summary of Case (appeal allowed): 

The property is a detached house, and the application was for a proposed two-storey rear extension. The outer wall of the proposed extension would project 3m from the rear wall of the main house, and the eaves / roof overhang would project slightly further (see submitted drawings). 

The key issue was whether the proposed extension would be contrary to Class A, part A.1(f), which states that “Development is not permitted by Class A if … the enlarged part of the dwellinghouse would have more than one storey and … (i) extend beyond the rear wall of the original dwellinghouse by more than 3 metres”. 

The Inspector stated the following: 

“Class A of Part 1 to Schedule 2 of the Town and Country Planning (General Permitted Development) Order 1995 as amended (which I will refer to as the GPDO) applies to the extension of dwellinghouses. Development is not permitted by Class A if it is excluded by any of the relevant limitations. In this case Council’s view is that the proposed extension would not be permitted by Class A due to limitation A.1(f)(i). This provides that development is not permitted if the enlarged part of the dwellinghouse would have more than one storey and extend beyond the rear wall of the original dwellinghouse by more than 3 metres. The Council accepts that the rear wall of the extension does not extend more than 3 metres beyond the rear wall of the original dwelling, but it has taken a strict interpretation of the limitation by including all of the elements of the proposed works, including the roof and gutter overhang which would extend beyond the 3 metres stipulated in the limitation. 

I accept that the Class A.1(f)(i) limitation is capable of being interpreted in this way. However, the recently published guidance, Permitted Development for Householders – Technical Guidance (DCLG August 2010) in respect of the limitation in Class A1(e)(i), which relates to single storey extensions, is that “Measurement of the extension beyond the rear wall should be made from the base of the rear wall of the original house to the outer edge of the wall of the extension (not including any guttering or bargeboards)”. I consider that this interpretation would apply equally to the Class A.1(f)(i) limitation at issue in this case, and I consider that the projection due to the eaves and gutters of the proposed extension should be disregarded in assessing the projection of the proposed extension from the rear wall of the existing dwellinghouse”. 

Main Conclusions: 

·       Where the rear wall of an extension would comply with the 3m rear projection limit of Class A, part A.1(f), but the eaves / guttering / soffit / fascia of the extension would project slightly past this line, then this would still be permitted development.
[Relevant to: 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=a00181-Appeal-Decision-Notice.pdf&s2member_skip_confirmation&s2member_file_inline=yes 

·       OS Map:
http://planningjungle.com/?s2member_file_download=a00181-OS-Map.pdf&s2member_skip_confirmation&s2member_file_inline=yes 

·       Floor Plans:
http://planningjungle.com/?s2member_file_download=a00181-Floor-Plans.pdf&s2member_skip_confirmation&s2member_file_inline=yes 

·       Existing Elevations:
http://planningjungle.com/?s2member_file_download=a00181-Existing-Elevations.pdf&s2member_skip_confirmation&s2member_file_inline=yes 

·       Proposed Elevations:
http://planningjungle.com/?s2member_file_download=a00181-Proposed-Elevations.pdf&s2member_skip_confirmation&s2member_file_inline=yes 

Download documents and diagrams of useful

Permitted Development information