Appeal Decision 59 - Certificate of Lawful Development.

December 2009 - Code a00059

Summary of Case (appeal allowed): 

The property is a detached house, and the application included a proposed single storey side extension (to the south-east elevation). 

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”. 

As there was no dispute that the south-east elevation is “a side elevation”, the determination of this appeal rested on whether it could be said that this elevation “fronts a highway”. For reference as to the relationship between this south-east elevation and the road, please see the OS map on the last page of the appeal decision notice. 

The Inspector stated the following: 

“In my opinion, by virtue of its oblique relationship to the road, and the intervening garden of another property, the side elevation of the appeal property is dissociated from the road to such an extent that it cannot be said to front onto it in any commonly understood meaning of that expression”. 

Main Conclusions: 

·       No conclusions (because specific to this particular property)

 

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

·       Appeal Decision Notice:
http://planningjungle.com/?s2member_file_download=a00059-Appeal-Decision-Notice.pdf&s2member_skip_confirmation&s2member_file_inline=yes 

Download documents and diagrams of useful

Permitted Development information