Appeal Decision 242 - Certificate of Lawful Development.

May 2011 - Code a00242

Summary of Case (appeal dismissed): 

The property has an existing front garden that slopes down significantly from the highway down to the front of the house. The application included the proposed infill of this front garden area to form a raised area of hardstanding at the same level as the highway.  

The key issue was whether the proposals would fall within the scope of Class F, which permits “(a) the provision within the curtilage of a dwellinghouse of a hard surface for any purpose incidental to the enjoyment of the dwellinghouse as such; or (b) the replacement in whole or in part of such a surface”. 

The Inspector stated the following: 

“The submissions by both parties relate to whether the property has a lawful use as a single dwellinghouse. Conflicting information has been presented and not enough to be sure about this. In any event, the works that would be required to provide the proposed hard surface involve the removal of an existing ramp and steps and raising the level of part of the front garden with infill material. As a matter of fact and degree, such works would go beyond that which is permitted by way of Class F to Part 1 of Schedule 2 of the Town and Country Planning (General Permitted Development) Order 1995 (as amended by the Town and Country Planning (General Permitted Development) (Amendment) (No.2) (England) Order 2008; neither are they permitted by any other class of the GPDO.” 

Main Conclusions: 

·       This appeal decision provides an example of where it was considered that the provision of a proposed hard surface would involve so significant a change in levels that the works would not fall within the scope of Class F.
[Relevant to: Class F].

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

·       Appeal Decision Notice:
http://planningjungle.com/?s2member_file_download=a00242-Appeal-Decision-Notice.pdf&s2member_skip_confirmation&s2member_file_inline=yes 

·       Existing Section:
http://planningjungle.com/?s2member_file_download=a00242-Existing-Section.pdf&s2member_skip_confirmation&s2member_file_inline=yes 

·       Proposed Section:
http://planningjungle.com/?s2member_file_download=a00242-Proposed-Section.pdf&s2member_skip_confirmation&s2member_file_inline=yes 

Download documents and diagrams of useful

Permitted Development information