Appeal Decision 182 - Certificate of Lawful Development.

December 2010 - Code a00182

Summary of Case (appeal dismissed): 

The property is a detached bungalow set within substantial grounds, and the application was for a proposed outbuilding, which would be located to the side of the property. The proposed outbuilding would have an “L”-shaped footprint, all of which would be at least 2m from the boundary.   The proposed outbuilding would have a dual-pitched roof along each of the two sides of the “L”, with a merging section where these two roofs meet and a gable end at either end. 

The first key issue was whether the height of the proposed outbuilding would be contrary to Class E, part E.1(e), which states that “Development is not permitted by Class E if … the height of the eaves of the building would exceed 2.5 metres”. 

The second key issue was whether the proposed outbuilding would be contrary to Class E, part E.1(d), which states that “Development is not permitted by Class E if … the height of the building, enclosure or container would exceed … (i) 4 metres in the case of a building with a dual-pitched roof, (ii) 2.5 metres in the case of a building, enclosure or container within 2 metres of the boundary of the curtilage of the dwellinghouse, or (iii) 3 metres in any other case”. 

The Inspector stated the following: 

“Technical guidance on permitted development for householders was published by the Department of Communities and Local Government in August 2010. This guidance makes clear how the height of a building constructed under Class E of Part 1 of Schedule 2 of the GPDO should be measured. The plans for the proposed building show a maximum height of 2.5m to the underside of the soffit, but this height should be to the point where the vertical projection of the wall would meet the upper surface of the roof, ignoring any overhang. 

Nevertheless, as the plans say ‘max eaves height’ and the appellant is now aware of the guidance, I find that, provided the height of the soffit was to be restricted to a height that would not cause the roof level to exceed the permitted dimension, the size of the proposed building would fall within the GPDO limits. The Council has also submitted that as the building would have roof slopes facing four different directions, it cannot be classified as a ‘dual pitched’ roof. However, the guidance also makes clear, on p 42, that the height limit on dual pitched roof applies to hipped roofs that have slopes in four directions. That is not strictly the case here, as the building would be ‘L’ shaped and would have dual pitched roof on each leg; however, I conclude that the interpretation of the guidance indicates that a building with this layout is development permitted by the GPDO”. 

The Inspector then dismissed the appeal on the grounds that the applicant had failed to demonstrate that the proposed outbuilding would be required for a purpose incidental to the enjoyment of the dwellinghouse as such, pointing out that “the onus of proof is on the appellant”. 

Main Conclusions: 

·       The height of the eaves should be measured from the ground level at the base of the outside wall to the point where this wall would meet (if projected upwards) the upper surface of the roof.
[Relevant to: “Eaves”, A.1(g), E.1(e)].

·       The phrase “dual-pitched roof” applies not just to a roof with a ridge-line with a pitched roof on either side and gable ends (i.e. where the roof has 2 slopes), but also in the case where one or both of the ends are hipped ends (i.e. where the roof has 3 or 4 slopes).
[Relevant to: E.1(d)].

·       The phrase “dual-pitched roof” does apply to an outbuilding with an “L”-shaped footprint with a dual-pitched roof along each of the two sides of the “L”, such that is a merging section where these two roofs meet.
[Relevant to: E.1(d)].

·       In an application for a certificate of lawfulness, the burden of proof is firmly on the applicant.
[Relevant to: "General”].

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

·       Appeal Decision Notice:
http://planningjungle.com/?s2member_file_download=a00182-Appeal-Decision-Notice.pdf&s2member_skip_confirmation&s2member_file_inline=yes 

·       Drawings:
http://planningjungle.com/?s2member_file_download=a00182-Drawings.pdf&s2member_skip_confirmation&s2member_file_inline=yes 

Download documents and diagrams of useful

Permitted Development information