Appeal Decision 30 - Certificate of Lawful Development.

October 2009 - Code a00030  

Summary of Case (appeal dismissed): 

The property is a single storey semi-detached house.  The section of the road nearest to the property runs from north-west to south-east, and the property is to the south-west side of this road with its front elevation facing north.  As such, both the front elevation and the side elevation of the property are at an approx 45 degree angle to the road.  The application was for a proposed single storey side extension. 

The key issue was whether the proposed side extension would be contrary to Class A, part A.1(d), which states that “Development is not permitted by Class A if … the enlarged part of the dwellinghouse would extend beyond a wall which— (i) fronts a highway, and (ii) forms either the principal elevation or a side elevation of the original 

Dwellinghouse” 

For this particular case, there did not appear to be a dispute as to whether the front elevation or the side elevation is “the principal elevation”, as it appears to have been accepted that the front elevation is the principal one.  Instead, the dispute was whether it could be said that the side elevation, which is at an approx 45 degree angle to the road, “fronts a highway”.  The Inspector noted that there is no intervening land between the curtilage of the property and the highway, and stated that he did not consider that the presence of a 1.8m close boarded fence along the boundary had any bearing on the interpretation of Class A, part A.1(d).  Noting that the front elevation and side elevation have a similar angled presence to the road (i.e. at about 45 degrees), the Inspector concluded that both the front elevation and the side elevation front the highway. 

Main Conclusions: 

·       Where an elevation of a property is at an angle to a highway, it is still possible for that elevation to front the highway.
[Relevant to: “Fronts a highway”, A.1(d), B.1(b), G.1(b)]. 

·       For example, even where an elevation of a property is at an angle of approx 45 degrees to a highway, it is still possible for that elevation to front the highway.
[Relevant to: “Fronts a highway”, A.1(d), B.1(b), G.1(b)]. 

·       Furthermore, where two (perpendicular) elevations of a property are each at an angle of approx 45 degrees to a highway, it is possible for both of these elevations to front the highway.
[Relevant to: “Fronts a highway”, A.1(d), B.1(b), G.1(b)]. 

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

·       Appeal Decision Notice:
http://planningjungle.com/?s2member_file_download=a00030-Appeal-Decision-Notice.pdf&s2member_skip_confirmation&s2member_file_inline=yes 

·       OS Map:
http://planningjungle.com/?s2member_file_download=a00030-OS-Map.pdf&s2member_skip_confirmation&s2member_file_inline=yes 

·       Proposed Floor Plan:
http://planningjungle.com/?s2member_file_download=a00030-Proposed-Floor-Plan.pdf&s2member_skip_confirmation&s2member_file_inline=yes