Appeal Decision 216 - Certificate of Lawful
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February 2011 - Code a00216
Summary of Case (appeal
The property is a two-storey
end-of-terrace house. The original design of this row of terraces is relatively unusual, and is best understood
by viewing the property (e.g. via Google StreetView). In front of the two-storey main front wall, there is a
projecting front porch (at one end of the front elevation), a projecting front canopy (covering the remaining
width of the front elevation), and projecting ground floor front walls (enclosing the sides of the porch and
canopy). The application was retrospective, and related to the erection of a front wall to infill this area so
that it would become part of the ground floor lounge.
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
The Inspector stated the
“The property is a two
storey, two bedroom end terrace house with a pitched roof. On the front, a small area of flat roof extended over
the main ground floor window and projected beyond the first floor elevation above. The application relates to a
small ground floor extension that was erected underneath the flat roof canopy and adjacent to the front door.
The extension infills the void and does not project beyond the walls to either side.
The front extension has
been added to the principal elevation of the house, which, as a matter fact, fronts a highway. The addition
extends beyond the original ground floor wall and the upper wall forming the principal elevation. In my view
this is the decisive point and therefore the extension is specifically excluded by the terms of A.1(d).
Accordingly the development is not permitted under the provisions of Class A of Part 1 of Schedule 2 to the
GPDO. It would need to gain planning permission through an express application to the local planning authority.
My understanding is that at the time the LDC application was made no such permission had been
No conclusions (because specific
to this particular property)
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