Appeal Decision 47 - Certificate of Lawful Development.

November 2009 - Code a00047

Summary of Case (appeal allowed): 

The property is a detached house. The application was for a two storey rear extension, a single storey side extension, a front porch and three rooflights. The two-storey rear extension would have had a Juliette balcony at first floor level, and the roof of this two-storey rear extension would have joined onto the roof of the main house, with matching ridge-line and eaves. 

The first key issue was whether the proposed Juliette balcony would be contrary to Class A, part A.1(i), which states that “Development is not permitted by Class A if … (i) it would consist of or include … (i) the construction or provision of a veranda, balcony or raised platform …” 

The Inspector noted that the Juliette balcony would have not platform, and that the “DCLG - Informal Views from Communities and Local Government” (Dec 2008, updated Jan 2009, superseded Aug 2010) stated that “the provision of a balustrade where there is no external access is permitted under Class B”. He concluded that a “Juliette balcony” is not a “balcony” for the purposes of the GPDO, and therefore is permitted development. 

Although not specifically addressed by the Inspector, the fact that this appeal was allowed implies that Class A does permit an extension with a roof that would join onto the roof of the main house. 

Main Conclusions: 

·       A “Juliette balcony” is not a “balcony” for the purposes of the GPDO, and therefore is permitted development.
[Relevant to: “Juliette balconies”, A.1(i), B.1(d), E.1(g)].

·       Class A does permit an extension with a roof that would join onto the roof of the main house.
[Note: This would appear to contradict at least one other appeal decision – for further information see the entry in the “Reference Section” on “Interaction between Class A, Class B, and Class C”].
[Relevant to: “Interaction between Class A, Class B, and Class C”, Class A, A.1(i), Class B, B.1(c)].

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

·       Appeal Decision Notice:
http://planningjungle.com/?s2member_file_download=a00047-Appeal-Decision-Notice.pdf&s2member_skip_confirmation&s2member_file_inline=yes 

·       Drawings:
http://planningjungle.com/?s2member_file_download=a00047-Drawings.pdf&s2member_skip_confirmation&s2member_file_inline=yes 

Download documents and diagrams of useful

Permitted Development information