Appeal Decision 39 - Certificate of Lawful Development.
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November 2009 - Code a00039
Summary of Case (appeal
The property is a detached
bungalow. It has a pitched roof with the ridge running parallel to the front and rear elevations with hipped
ends to the sides. To the front, bedroom one projects forward of the front main wall of the dwelling and this is
topped with a lower pitched roof with a hipped end to the front and a ridge running back to join the main roof.
The development proposed is to extend the ridge of the main roof to both sides and in so doing increase the
slope of the side facing hipped ends. A dormer would be inserted in the enlarged rear roof slope. To the front,
the roof over bedroom one would be raised in height so that the angles of the roof would correspond to those on
the main roof.
The key issue was whether the
proposed increase in height to bedroom one would be contrary to Class B, part B.1(b), which states that
“development is not permitted by Class B if … any part of the dwellinghouse would, as a result of the works,
extend beyond the plane of any existing roof slope which forms the principal elevation of the dwellinghouse and
fronts a highway”.
The Inspector stated the
“In raising the ridge to
the roof over bedroom one, that roof would increase in size. That resultant increase to the size of the
dwellinghouse would sit forward of the front plane of the main roof of the dwelling which forms part of the
principal elevation and which fronts a highway. The limitation does not say “forward of the forward-most roof
facing a highway” - the interpretation which the Appellant seeks to establish; but rather it says “… extend
beyond the plane of any existing roof slope which forms the principal elevation …”
The Inspector concluded that
the proposed increase in height to bedroom one was therefore contrary to Class B, part B.1(b).
Where a front-facing roof slope
is set back behind a forward projecting structure, then the former can still form part of “the
to: “Principal Elevation”, A.1(d), B.1(b), E.1(b), F.1, G.1(b)].
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