Appeal Decision 85 - Certificate of Lawful Development.

January 2010 - Code a00085

Summary of Case (appeal allowed): 

The property is a semi-detached bungalow. It is situated on the inside of a bend of Cottingham Grove, such that the road runs parallel to the front elevation of the house, but at an angle to the side elevation (please refer to the OS map). The application was for a proposed single storey side extension and a proposed single storey rear extension. The roofs of both of these extensions would join onto the roof of the main house (which itself is single storey), with eaves at the same level and a ridge-line at a lower level. 

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”. 

The Inspector stated the following: 

“The property does not sit on a true corner plot where the side elevation would, in all likelihood, front the highway. Neither does it form part of a row of semidetached properties sitting parallel with a highway where the side elevation would face the neighbouring property. The side elevation sits at an angle to the highway and there is no dispute that the front elevation fronts the highway; being almost parallel to it. In addition the side extension would not extend beyond the front elevation. 

When stood in front of the side elevation, looking out, the highway can be seen as can the side elevation of the garage in the adjoining property. The view is at an acute angle to the highway and although there is a curve in the road, the highway does not run anywhere near parallel to the side elevation. Given the oblique angle at which it sits next to the highway, it could not, in my judgement, be considered to be fronting onto it”. 

Although not specifically addressed by the Inspector, the fact that this appeal was allowed implies that Class A does permit an extension with a roof that would join onto the roof of the main house. 

Main Conclusions: 

·       Class A does permit an extension with a roof that would join onto the roof of the main house.
[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=a00085-Appeal-Decision-Notice.pdf&s2member_skip_confirmation&s2member_file_inline=yes 

·       OS Map:
http://planningjungle.com/?s2member_file_download=a00085-OS-Map.pdf&s2member_skip_confirmation&s2member_file_inline=yes 

·       Existing Floor Plans:
http://planningjungle.com/?s2member_file_download=a00085-Existing-Floor-Plans.pdf&s2member_skip_confirmation&s2member_file_inline=yes 

·       Existing Elevations:
http://planningjungle.com/?s2member_file_download=a00085-Existing-Elevations.pdf&s2member_skip_confirmation&s2member_file_inline=yes 

·       Proposed Floor Plans:
http://planningjungle.com/?s2member_file_download=a00085-Proposed-Floor-Plans.pdf&s2member_skip_confirmation&s2member_file_inline=yes 

·       Proposed Elevations:
http://planningjungle.com/?s2member_file_download=a00085-Proposed-Elevations.pdf&s2member_skip_confirmation&s2member_file_inline=yes 

·       Proposed Site Plan:
http://planningjungle.com/?s2member_file_download=a00085-Proposed-Site-Plan.pdf&s2member_skip_confirmation&s2member_file_inline=yes 

·       Appellant’s Appeal Statement:
http://planningjungle.com/?s2member_file_download=a00085-Appellants-Appeal-Statement.pdf&s2member_skip_confirmation&s2member_file_inline=yes 

Download documents and diagrams of useful

Permitted Development information