Appeal Decision 3 - Certificate of Lawful Development.

May 2009 - Code a00003

Summary of Case (appeal dismissed):

The application site is a two-storey mid-terrace house within a conservation area.  The property has an original two-storey rear projection, followed by an original single storey rear projection.  The application was to build a single storey extension within the full length of the infill area, wrapping around the end of the original two-storey rear projection to incorporate the original single storey rear projection.

The first key issue was whether the proposals would be contrary to Class A, part A.2(b), which states that “In the case of a dwellinghouse on article 1(5) land, development is not permitted by Class A if … the enlarged part of the dwellinghouse would extend beyond a wall forming a side elevation of the original dwellinghouse”.  The Inspector acknowledged the argument (presumably by the appellant) that the intention of the exclusion in paragraph A.2(b) is to limit the impact of side extensions to dwellings in conservation areas, which by their nature are visible in the street scene.  However, the Inspector disagreed with this argument, and stated that “while this was clearly a consideration when the amendment was being formulated, it is not the way in which the Amendment Order is drafted, nor can it be inferred from the words that are used”.

The Inspector concluded that the side wall of original rear projection is “a side elevation of the original dwellinghouse”, and that therefore under Class A, part A.2 (b) an extension to the side of an original rear projection within a conservation area is not permitted development.

The second key issue was whether the proposals would be contrary to Class A, part A.1(e), which states that “development is not permitted by Class A if … the enlarged part of the dwellinghouse would … extend beyond the rear wall of the original dwellinghouse by more than … 3 metres”.

With regards to this, the Inspector stated the following:

”… I consider that reference to the ‘rear wall of the original dwelling house’ in paragraph A.1 is to the part of the wall being extended from, and that where there is an original rear extension there is more than one original rear wall.”

The Inspector therefore concluded that the proposals would not be permitted development for this reason too.

Main Conclusions:

·       The side wall of an original rear projection (i.e. the side wall facing the infill area) is “a side elevation of the original dwellinghouse” for the purposes of the GPDO.
[Note: This would appear to contradict at least one other appeal decision – for further information see the entry in the “Reference Section” on “a side elevation of the original dwellinghouse”].
[Relevant to: “A side elevation of the original dwellinghouse”, A.1(d), A.1(h), A.2(b), A.3(b), B.2(c), C.2, E.3, G.1(b)].

·       For example, an extension to the side of an original rear projection within a conservation area (or other article 1(5) land) is not permitted development.
[Note: This would appear to contradict at least one other appeal decision – for further information see the entry in the “Reference Section” on “a side elevation of the original dwellinghouse”].
[Relevant to: “A side elevation of the original dwellinghouse”, A.1(d), A.1(h), A.2(b), A.3(b), B.2(c), C.2, E.3, G.1(b)].

·       Where a property has a (part-width) original rear projection, then there will be more than one wall that constitutes “the rear wall of the original dwellinghouse” for the purposes of Class A, part A.1(e).  This means that where the original rear elevation of a property is stepped, the 3m/4m rear projection limit will be similarly stepped.
[Note: This would appear to contradict at least one other appeal decision – for further information see the entry in the “Reference Section” on “The rear wall of the original dwellinghouse”].
[Relevant to: “The rear wall of the original dwellinghouse”, A.1(e), A.1(f), A.2(c)].

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

·       Appeal Decision Notice:
http://planningjungle.com/?s2member_file_download=a00003-Appeal-Decision-Notice.pdf&s2member_skip_confirmation&s2member_file_inline=yes

·       Drawings:
http://planningjungle.com/?s2member_file_download=a00003-Drawings.pdf&s2member_skip_confirmation&s2member_file_inline=yes