Appeal Decision 229 - Certificate of Lawful Development.

April 2011 - Code a00229

Summary of Case (appeal dismissed): 

The property is a terrace house within a conservation area, and the application was for a proposed single storey rear extension. The main house is finished in pebbledash, and the proposed extension would be finished in white render. 

The key issue was whether the proposed extension would be contrary to Class A, part A.2(a), which states that “In the case of a dwellinghouse on article 1(5) land, development is not permitted by Class A if … it would consist of or include the cladding of any part of the exterior of the dwellinghouse with stone, artificial stone, pebble dash, render, timber, plastic or tiles”. 

The Inspector stated the following: 

“The appeal site is a terraced dwelling that is located within the Plumstead Common Conservation Area, and the application plans in this case indicate that the external elevations of the proposed new extension would be finished in white render. Render is one of the cladding materials whose use in conservation areas is precluded, in GPDO terms, by virtue of the paragraph A.2(a) exclusion. It was on this basis that the Council refused to issue a lawful development certificate. 

The exterior of the dwellinghouse is pebble-dashed. Any other external finish to the elevations of the proposed extension would be excluded from permitted development by virtue of GPDO paragraph A.3(a), which makes development permitted by Class A subject to a condition requiring the use of similar materials to those used in the construction of the exterior of the existing dwellinghouse. Since pebble dash is also excluded in this case by virtue of paragraph A.2(a), it seems inevitable that express planning permission must be sought for the extension, by application to the Council.” 

Main Conclusions: 

·       In a conservation area (or other article 1(5) land), Class A, part A.2(a) not only prevents the cladding of the main house, but also prevents the cladding of any extension.
[Relevant to: A.2(a)].

·       For a property in a conservation area ( or other article 1(5) land) where the existing house is finished in cladding, the combination of Class A, part A.2(a) and Class A, part A.3(a) would prevent any extension. This is because the former limitation prevents the extension from being finished in cladding, whereas the latter condition prevents the extension from being finished in anything other than cladding.
[Relevant to: “Materials”, A.2(a), A.3(a)].

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

·       Appeal Decision Notice:
http://planningjungle.com/?s2member_file_download=a00229-Appeal-Decision-Notice.pdf&s2member_skip_confirmation&s2member_file_inline=yes 

·       Council’s Decision Notice:
http://planningjungle.com/?s2member_file_download=a00229-Councils-Decision-Notice.pdf&s2member_skip_confirmation&s2member_file_inline=yes 

Download documents and diagrams of useful

Permitted Development information