Appeal Decision 192 - Certificate of Lawful Development.

January 2011 - Code a00192

Summary of Case (appeal allowed): 

The property is a two-storey end-of-terrace house. In between the application site (number 122) and number 120, there is a vehicular accessway, which then runs behind the rear gardens of numbers 118 to 224, providing access to garages at the end of these rear gardens. The application was for a proposed single storey side extension, which would have fronted onto this vehicular accessway. 

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: 

“No 122 fronts onto West End Road, a busy main road. The houses in this part of the road are grouped into short blocks of terraces. No 122 stands at the end of such a block. A service road runs between it and its neighbour to the north and this road provides access to the rear of some of the houses. The only issue in this appeal is thus whether this road is a highway or not. 

For the purposes of interpreting Class A, there is no specific definition of a highway, but the common law meaning of a highway is a “way over which all members of the public are entitled to pass and repass”. Consequently, a ‘highway’ in the context of Class A is a public highway, not a private road. It also need not be a thoroughfare, but can be a cul-de-sac. 

The access road next to No 122 is a narrow track, just wide enough for a car. It is surfaced in gravel, and largely overgrown by grass. It is ‘T’ shaped and serves a single garage behind No 124 to the south, and appears to provide access to the three back gardens of Nos 120-116 to the north. It does not appear to have the characteristics of a public highway, but rather is a private access to a small number of properties. 

The appellant claims it is a private service road with no general public access and this was borne out by my observations on site. The Council have provided no evidence as to the status of the access road. Consequently, I consider that on the basis of what little evidence I do have, the balance of probabilities suggests the access track is not a ‘highway’ for the purposes of Class A, and so the extension is permitted development.” 

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” can include a cul-de-sac.
[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 where it was concluded that a particular vehicular accessway is not a highway.
[Relevant to: “Highway”, A.1(d), B.1(b), D.1(c), F.1(a), G.1(b), H.1(d)].

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

·       Appeal Decision Notice:
http://planningjungle.com/?s2member_file_download=a00192-Appeal-Decision-Notice.pdf&s2member_skip_confirmation&s2member_file_inline=yes 

·       OS Map:
http://planningjungle.com/?s2member_file_download=a00192-OS-Map.pdf&s2member_skip_confirmation&s2member_file_inline=yes 

·       Drawings:
http://planningjungle.com/?s2member_file_download=a00192-Drawings.pdf&s2member_skip_confirmation&s2member_file_inline=yes 

·       Block Plan:
http://planningjungle.com/?s2member_file_download=a00192-Block-Plan.pdf&s2member_skip_confirmation&s2member_file_inline=yes 

Download documents and diagrams of useful

Permitted Development information