Appeal Decision 84 - Certificate of Lawful Development.

January 2010 - Code a00084  

Summary of Case (appeal dismissed): 

The property is a semi-detached house within a conservation area, and has an original two-storey rear projection.  The application was for a proposed single storey extension to the side of the original two-storey rear projection. 

The key issue was whether the proposed extension would be contrary to Class A, part A.2(b), which states that “In the case of a dwellinghouse on article 1(5) land, development is not permitted by Class A if … the enlarged part of the dwellinghouse would extend beyond a wall forming a side elevation of the original dwellinghouse”. 

The Inspector stated the following: 

“The original house includes the kitchen shown on the submitted plans. The proposed conservatory would be built onto the side wall of the kitchen. The kitchen side wall forms a side elevation of the original dwellinghouse. Because the enlarged part of the dwellinghouse would extend beyond a wall forming a side elevation of the original dwellinghouse and it is within the Holly Lodge Conservation Area [Article 1(5) land] it is not permitted by Schedule 2, Part 1, Class A subsection 2(b) of the Town and Country Planning (General Permitted Development) Order 1995 as amended. Conservation Areas are designated in Schedule 1 Part 2 and referred to in Article 1(5) of the 1995 Order.” 

[Note: In my opinion, the proposed extension would also have been contrary to Class A, part A.1(e), on the basis that it would have extended beyond the original rear wall within the infill area (which a number of other appeal decisions have confirmed constitutes part of “the rear wall of the original dwellinghouse”) by more than 3m.  However, as is not uncommon with appeal decisions, once the Inspector had concluded that the proposed extension would have been contrary to at least one limitation (and therefore not permitted development), he did not then proceed to consider whether or not it would also have been contrary to any other limitations]. 

Main Conclusions: 

·       The side wall of an original rear projection (i.e. the side wall facing the infill area) is “a side elevation of the original dwellinghouse” for the purposes of the GPDO.
[Note: This would appear to contradict at least one other appeal decision – for further information see the entry in the “Reference Section” on “A side elevation of the original dwellinghouse”].
[Relevant to: “A side elevation of the original dwellinghouse”, A.1(d), A.1(h), A.2(b), A.3(b), B.2(c), C.2, E.3, G.1(b)]. 

·       For example, an extension to the side of an original rear projection within a conservation area (or other article 1(5) land) is not permitted development.
[Note: This would appear to contradict at least one other appeal decision – for further information see the entry in the “Reference Section” on “A side elevation of the original dwellinghouse”].
[Relevant to: “A side elevation of the original dwellinghouse”, A.1(d), A.1(h), A.2(b), A.3(b), B.2(c), C.2, E.3, G.1(b)]. 

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

·       Appeal Decision Notice:
http://planningjungle.com/?s2member_file_download=a00084-Appeal-Decision-Notice.pdf&s2member_skip_confirmation&s2member_file_inline=yes 

·       OS Map:
http://planningjungle.com/?s2member_file_download=a00084-OS-Map.pdf&s2member_skip_confirmation&s2member_file_inline=yes 

·       Block Plan:
http://planningjungle.com/?s2member_file_download=a00084-Block-Plan.pdf&s2member_skip_confirmation&s2member_file_inline=yes 

·       Proposed Floor Plan:
http://planningjungle.com/?s2member_file_download=a00084-Proposed-Floor-Plan.pdf&s2member_skip_confirmation&s2member_file_inline=yes 

·       Proposed Rear Elevation:
http://planningjungle.com/?s2member_file_download=a00084-Proposed-Rear-Elevation.pdf&s2member_skip_confirmation&s2member_file_inline=yes 

·       Proposed Side Elevation:
http://planningjungle.com/?s2member_file_download=a00084-Proposed-Side-Elevation.pdf&s2member_skip_confirmation&s2member_file_inline=yes 

Download documents and diagrams of useful

Permitted Development information