Appeal Decision 6 - Certificate of Lawful Development.

May 2009 - Code a00006  

Summary of Case (appeal allowed): 

The property is a two-storey end-of-terrace house, with St Werburgh’s Road to the front and Seddon Road to the side.  For this particular property, the front elevation contains the front door and the main windows, whilst the flank elevation contains two less important windows.  The application was for side dormer. 

The key issue was whether the proposed side dormer 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 concluded that the flank elevation of this particular property is clearly not a “principal” elevation.  In reaching this conclusion, the Inspector quoted a letter from the Parliamentary Under Secretary of State for CLG, which had reproduced several paragraphs from the “DCLG - Informal Views from Communities and Local Government” (Dec 2008, updated Jan 2009, superseded Aug 2010).  The latter document suggests that for most corner properties there will only be one principal elevation, but leaves open the possibility that in exceptional cases a corner property can have more than one principal elevation (such as where there is more than one entrance). 

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=a00006-Appeal-Decision-Notice.pdf&s2member_skip_confirmation&s2member_file_inline=yes 

·       Photos:
http://planningjungle.com/?s2member_file_download=a00006-Photos.pdf&s2member_skip_confirmation&s2member_file_inline=yes