Appeal Decision 244 - Certificate of Lawful Development.

May 2011 - Code a00244

Summary of Case (appeal dismissed): 

The property is a two-storey end-of-terrace house, with a hipped main roof. The application was for a proposed hip-to-gable roof extension, a rear dormer, and three front rooflights. The proposed rear dormer would be set back by more than 20cm from the outer edge of the section of the roof overhanging the rear wall of the house, but less than 20cm from the point where the vertical plane of this wall meets the slope of the roof. 

The key issue was whether the proposed rear dormer would be contrary to Class B, part B.2(b), which states that “Development is permitted by Class B subject to the following conditions … (b) other than in the case of a hip-to-gable enlargement, the edge of the enlargement closest to the eaves of the original roof shall, so far as practicable, be not less than 20 centimetres from the eaves of the original roof”. 

The Inspector stated the following: 

“The Council considers that the proposed dormer would fall within 20cm of the eaves of the original dwellinghouse and would therefore fail to satisfy condition B.2(b) of Class B, Part 1, Schedule 2 of the GPDO. This provides that: “other than in the case of a hip-to-gable enlargement, the edge of the enlargement closest to the eaves of the original roof shall, so far as practicable, be not less than 20cm from the eaves of the original roof.” The parties disagree as to the appropriate point from which to measure the 20cm distance from the eaves required by condition B.2(b). 

The Council has submitted a diagram indicating that the measurement should be taken from the point where the wall meets the upper part of the roof. It draws support from an appeal decision in the London Borough of Hounslow [February 2010 - Code a00092] where the Inspector adopted that approach and dismissed the suggestion that the 20cm dimension should be taken from the outer edge of the eaves commenting that: “If Parliament had wanted the measurement to be taken from the outer edge of the eaves it would have been a simple matter to specify this.” 

Since then, the Department for Communities and Local Government has issued ‘Permitted Development for householders - Technical Guidance’ in August 2010. The diagram on p.35 of that document specifically clarifies the position on the interpretation of condition B.2(b) and shows the measurement being taken along the slope of the roof from the edge of the enlargement to the outer edge of the eaves. The accompanying text states: “The measurement of 20cm should be made along the original roof slope from the outermost edge of the eaves (the edge of the tiles or slates) to the edge of the enlargement. Any guttering that protrudes beyond the roof slope should not be included in this measurement.” 

This is in conflict with the conclusions of the Inspector in the Hounslow appeal decision. However, that determination pre-dates the publication of the Technical Guidance. Although the guidance does not have statutory effect, it was commissioned and written under a previous Government and it is designed to help understand the changes made to the GPDO by the 2008 Amendment Order. The guidance represents a new material consideration in the interpretation of the GPDO that was not available to the Hounslow Inspector 

and his conclusions must therefore be afforded less weight. This also applies to the two appeals in Ealing referred to in the representations with dates respectively of January and February 2010 [January 2010 - Code a00077 and February 2010 - Code a00093]. The Technical Guidance clearly covers this topic in an unambiguous manner and is to be preferred and applied to the particular facts of this case. 

The submitted Drawing 1022-02 shows that the proposed dormer would be setback from the outermost edge of the eaves at the rear and the measurement along the original rear roofslope from that point to the edge of the enlargement is indicated to be “Approx. 400mm”. Thus, this aspect of the scheme would be in accordance with condition B.2(b).” 

The Inspector then dismissed the appeal on the basis that the applicant had not demonstrated that the proposed rear dormer would be more than 20cm from the original side eaves. 

Main Conclusions: 

·       For the purposes of the 20cm set back, the term “eaves” applies just to the outer edge of the section of the roof overhanging the wall. As such, the 20cm set back should be measured from the outer edge of the sloping roof.
[Note: This would appear to contradict at least one other appeal decision – for further information see the entry in the “Reference Section” on “B.2(b)”].
[Relevant to: B.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=a00244-Appeal-Decision-Notice.pdf&s2member_skip_confirmation&s2member_file_inline=yes 

·       OS Map:
http://planningjungle.com/?s2member_file_download=a00244-OS-Map.pdf&s2member_skip_confirmation&s2member_file_inline=yes 

·       Existing Drawings:
http://planningjungle.com/?s2member_file_download=a00244-Existing-Drawings.pdf&s2member_skip_confirmation&s2member_file_inline=yes 

·       Proposed Drawings:
http://planningjungle.com/?s2member_file_download=a00244-Proposed-Drawings.pdf&s2member_skip_confirmation&s2member_file_inline=yes 

Download documents and diagrams of useful

Permitted Development information