Appeal Decision 106 - Certificate of Lawful Development.

March 2010 - Code a00106

Summary of Case (appeal allowed): 

The property is a semi-detached house within a conservation area. The property has an original single-storey rear projection on the side away from the adjoining semi number 5, such that the infill areas of the two semi-detached properties are in the middle. The application was for a proposed single storey conservatory to the side of the original single-storey rear projection, within this infill area. 

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 dwellinghouse, which is semi-detached, has an existing and original single storey rear extension which lines up with the existing and original side wall to the house, and these together form the side elevation of the original dwellinghouse facing the side elevation of No 7. The conservatory would be attached to the inner elevation of the rear extension, and would run away from the boundary with No 7 across the rear of the house towards the boundary with No 5, the other semi-detached part of the building. It would not project beyond the wall forming the side elevation of the original dwellinghouse, as the whole of the rear extension would remain between the conservatory and the side elevation. 

The Council stated that Class A does not specify which side elevation an extension should not extend beyond. However, it would not be right to view the inward facing side elevation of the rear extension as the side elevation beyond which the conservatory should not project, as that would restrict any extension to not exceeding the width of any original rear extension, which would also imply its demolition.  

It should be noted that the GPDO in Class A.2(b) does not refer to an extension beyond the rear wall of a wall forming the side elevation of the original dwellinghouse, but an extension beyond a wall forming the side elevation of the original dwellinghouse. The extension which is not permitted in Class A.2(b) can only be an extension towards No 7, beyond the wall forming the side elevation, and not beyond the rear of the original rear extension to No 6.  

I consider that the conservatory would not therefore project beyond a wall forming a side elevation of the original dwellinghouse and would be permitted development. The appeal succeeds.”

[Note: In my opinion, the above conclusion is questionable, because it is based upon an interpretation of “a side elevation of the original dwellinghouse” that is directly contrary to all five previous appeal decisions on the subject]. 

Main Conclusions: 

·       The side wall of an original rear projection (i.e. the side wall facing the infill area) is not “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 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=a00106-Appeal-Decision-Notice.pdf&s2member_skip_confirmation&s2member_file_inline=yes 

·       Drawings:
http://planningjungle.com/?s2member_file_download=a00106-Drawings.pdf&s2member_skip_confirmation&s2member_file_inline=yes 

Download documents and diagrams of useful

Permitted Development information