Appeal Decision 241 - Certificate of Lawful Development.

May 2011 - Code a00241

Summary of Case (mixed decision): 

The property is a two-storey end-of-terrace house. The application was for a proposed single storey rear extension, and a proposed outbuilding. The submitted drawings did not specific what materials would be used for the proposed extension. 

The key issue was whether the lack of specification of materials for the proposed single storey rear extension would be contrary to the condition Class A, part A.3(a), which states that “Development is permitted by Class A subject to the following conditions— … (a) the materials used in any exterior work (other than materials used in the construction of a conservatory) shall be of a similar appearance to those used in the construction of the exterior of the existing dwellinghouse”. 

The Inspector stated the following: 

“There is no dispute that the single storey extension aspect of the scheme would satisfy all of the limitations set out in Class A.1 of the GPDO. However, by virtue of A.3, development is permitted by Class A subject to the condition that (a) the materials used in any exterior work (other than materials used in the construction of a conservatory) shall be of a similar appearance to those used in the construction of the exterior of the existing dwellinghouse. The submitted plans do not specify that the materials to be used in the exterior work of the proposed single storey rear extension would be of a similar appearance to those used in the construction of the exterior of the existing dwellinghouse. The Council therefore contends that the proposal does not represent a lawful development. 

The appellant contends that this issue could be resolved by some other means rather than the submission of a fresh application to add such a reference but does not suggest how this might be achieved. There is no implied power to modify the description of the proposed development in a s.192 application and the grant of an LDC cannot be made subject to conditions. Since it is not possible to ascertain from the submitted documentation whether the external materials would be of a similar appearance to those used in the existing dwelling, the burden of proof to show that there would be compliance with the condition set out in paragraph A.3(a) of the GPDO has not been discharged and this part of the application must fail.” 

The Inspector also concluded that the proposed outbuilding would be “incidental” to the enjoyment of the dwellinghouse, and so allowed the appeal with respect to proposed outbuilding. 

Main Conclusions: 

·       A certificate of lawful development should be refused if the applicant has not demonstrated full compliance with all of the conditions of the Class.
[Note: This would appear to contradict at least one other appeal decision – for further information see the entry in the “Reference Section” on “Conditions”].
[Relevant to: “Conditions”, A.3(a), A.3(b), A.3(c), B.2(a), B.2(b), B.2(c), C.2, F.1, H.2(a), H.2(b)].

·       For example, if an applicant does not specify what materials would be used for a proposed extension, then the application should be refused.
[Note: This would appear to contradict at least one other appeal decision – for further information see the entry in the “Reference Section” on “Conditions”].
[Relevant to: “Conditions”, A.3(a), A.3(b), A.3(c), B.2(a), B.2(b), B.2(c), C.2, F.1, H.2(a), H.2(b)].

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

·       Appeal Decision Notice:
http://planningjungle.com/?s2member_file_download=a00241-Appeal-Decision-Notice.pdf&s2member_skip_confirmation&s2member_file_inline=yes 

·       OS Map:
http://planningjungle.com/?s2member_file_download=a00241-OS-Map.pdf&s2member_skip_confirmation&s2member_file_inline=yes 

·       Existing Drawings:
http://planningjungle.com/?s2member_file_download=a00241-Existing-Drawings.pdf&s2member_skip_confirmation&s2member_file_inline=yes 

·       Proposed Drawings:
http://planningjungle.com/?s2member_file_download=a00241-Proposed-Drawings.pdf&s2member_skip_confirmation&s2member_file_inline=yes 

·       Proposed Outbuilding:
http://planningjungle.com/?s2member_file_download=a00241-Proposed-Outbuilding.pdf&s2member_skip_confirmation&s2member_file_inline=yes 

Download documents and diagrams of useful

Permitted Development information