Appeal Decision 7 - Certificate of Lawful Development.

June 2009 - Code a00007  

Summary of Case (appeal dismissed): 

The application site has an original two storey rear projection, and directly to the rear of this there is a single storey rear extension.  The application was to erect a first floor rear extension on top of the latter. 

The key issue was whether such works would fall within the scope of Class A (“The enlargement, improvement or other alteration of a dwellinghouse”) or Class B (“The enlargement of a dwellinghouse consisting of an addition or alteration to its roof”). 

The inspector accepted that the roof of the single storey rear extension was part of the of the roof of the house.  However, he rejected the argument that such works could fall within the scope of Class B, by stating the following:

“However, I take Class B to refer to development that would consist entirely of an addition or alteration to the roof. In this case the development is principally and most obviously an extension to the first floor of the house”

The Inspector then considered the works under Class A, stating that they would be contrary to the 3m eaves limitation of Class A, part A.1(g).  The Inspector also stated that the works would be contrary to Class A, part A.1(i)(iv), which states that “Development is not permitted by Class A if … it would consist of or include … an alteration to any part of the roof of a dwellinghouse”, because the development “would include alterations to parts of the roof”. 

Main Conclusions: 

·       The erection of a first floor rear extension on top of an existing single storey rear extension would not fall within the scope of Class B.
[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=a00007-Appeal-Decision-Notice.pdf&s2member_skip_confirmation&s2member_file_inline=yes 

·       Drawings:
http://planningjungle.com/?s2member_file_download=a00007-Drawings.pdf&s2member_skip_confirmation&s2member_file_inline=yes