Appeal Decision 48 - Certificate of Lawful Development.
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November 2009 - Code a00048
Summary of Case (appeal
allowed):
The property is a terraced
house, and the application was for a proposed rear dormer.
The key issue was whether the
flat roof of the dormer would be contrary to Class B, part B.2(a), which requires that “the materials used in
any exterior work shall be of a similar appearance to those used in the construction of the exterior of the
existing dwellinghouse”.
The Inspector stated the
following:
“The GPDO condition at the
heart of this appeal does not, as the Council have stated, require matching materials. It states that
materials should be of a similar appearance. I accept that the existing property does not have any
flatroofed element. However, the proposal would be clad in tiles to match the existing roof. Pipework and window
details would be similar to that which currently exists. In addition, there is no condition aimed at controlling
the form of roofs over dormers.
Moreover, I see no reason
why the felt roofing could not be chosen to have a similar colour to the existing tiled roof. Furthermore, given
its height, the roof of the dormer, near the ridge height of the existing roof, would be hidden from most
vantage points. For these reasons I find that condition (a) of paragraph B.2 of the GPDO would be
met.”
Main
Conclusions:
·
The use of felt (or similar) for
the flat roof of a dormer (assuming that the visibility of the roof would be limited) would not be
contrary to Class B, part B.2(a). The Inspector indicates (or implies) that the felt would not need to
have a similar colour to the materials on the existing house. [Note: This would appear to contradict
at least one other appeal decision – for further information see the entry in the “Reference Section” on
“Materials”] [Relevant to: “Materials”, A.3(a), B.2(a)].
Links to the “Appeal
Decision Notice” and other associated documents (e.g. drawings, etc):
·
Appeal Decision
Notice:
http://planningjungle.com/?s2member_file_download=a00048-Appeal-Decision-Notice.pdf&s2member_skip_confirmation&s2member_file_inline=yes
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