Certificate of Lawful Development Appeal Decisions by category of
development.
The Town and Country Planning (General Permitted Development)
Order 1995
Part 1 (as amended on 1 October 2008)
This appeal decision summary and
assessment has been produced by Planning Jungle Limited. For more information, please go to www.planningjungle.com/?p=20
|
Class A development
·
· See entries under
separate heading “Interaction between Class A, Class B, and Class C”.
· See entries under
separate heading “Interaction between Class A and Class D”.
· See entries under
separate heading “Interaction between Class A and Class E”.
A.1(a):
·
For
the purposes of Class A, part A.1(a) and Class A, part E.1(a), a (separate)detached structure (such as a
detached garage) built prior to 1948 is
not part of “the
original dwellinghouse”. As such, a detached garage will always count as having
used up some of the 50% limit, regardless of when it was built. [Source: “DCLG -
Permitted development for householders - Technical guidance” (August
2010)].
A.1(b):
· See entries under
separate heading “Height”.
· See entries under
separate heading “Highest Part of the … Roof”.
A.1(c):
· See entries under
separate heading “Height”.
· See entries under
separate heading “Eaves”.
·
Where a house has eaves at
different levels, the “height of the eaves of the existing dwellinghouse” referred to in Class A, part A.1(c)
should be taken as the highest eaves level. [Note: This contradicts the entry
below]. [Source: “DCLG - Permitted development for householders - Technical guidance”
(August 2010)].
·
Where a house has eaves at
different levels, the “height of the eaves of the existing dwellinghouse” referred to in Class A, part A.1(c)
should be taken as the predominant eaves level. [Note: This contradicts the entry
above]. [Source: March 2010 - Code a00107].
A.1(d):
· See entries under
separate heading “Principal Elevation”.
· See entries under
separate heading “A Side Elevation of the original dwellinghouse”.
· See entries under
separate heading “Fronts a highway”.
· See entries under
separate heading “Highway”.
· See entries under
separate heading “Basements”.
·
Where the principal elevation
fronts a highway, Class A, part A.1(d) not only prevents an extension from being directly attached to
the principal elevation, but also prevents an extension attached to a side elevation from projecting
beyond the imaginary line of the principal elevation when extended to either side. In other words, the phrase
“extends beyond a wall” not only applies to extensions directly attached to that wall, but also applies to
extensions that extend beyond the line of that wall. [Source: “DCLG -
Permitted development for householders - Technical guidance” (August
2010)].
·
Where the side elevation fronts
a highway, Class A, part A.1(d) not only prevents an extension from being directly attached to the
side elevation, but also prevents an extension attached to the rear (or front) elevation from
projecting beyond the imaginary line of the side elevation when extended to either side. In other words, the
phrase “extends beyond a wall” not only applies to extensions directly attached to that wall, but also
applies to extensions that extend beyond the line of that wall. [Source: “DCLG -
Permitted development for householders - Technical guidance” (August
2010)].
·
Where the principal elevation
does not front a highway, an extension can extend in front of the principal
elevation. [Source: July 2010 - Code a00128].
[Source: October 2010 - Code a00147].
[Source: January 2011 - Code a00197]
[Source: March 2011 - Code a00224].
[Source: April 2011 - Code a00237].
[Source: June 2011 - Code a00250].
·
Furthermore, in such cases, the
amount by which the extension can extend beyond the principal elevation does not appear to be
directly* restricted by any limitation.
(*i.e. other than the general requirement to remain within the “curtilage”, and the general restriction of A.1(a)
that prevents more than 50% of the original garden being covered by buildings). [Source: July 2010 - Code a00128].
[Source: October 2010 - Code a00147]. [Source: January 2011 - Code
a00197].
[Source: March 2011 - Code a00224].
[Source: April 2011 - Code a00237].
·
Where the front wall of a side
extension would be in line with the principal elevation (i.e. in accordance with the forward projection limit
of Class A, part A.1(d)), but the eaves / guttering / soffit / fascia of the extension would project slightly
forward of this line, then this would still be permitted
development. [Source:
September 2010 - Code a00141].
A.1(e):
· See entries under
separate heading “The rear wall of the original dwellinghouse”.
· See entries under
separate heading “Interaction between A.1(e)/(f) and A.1(h)”.
· See entries under
separate heading “Height”.
· See entries under
separate heading “Basements”.
· See entries under
separate heading “Detached dwellinghouse” (versus “any other dwellinghouse”) and “terrace house” (versus “in any
other case”)
·
Class A, part A.1(e) not
only restricts an extension directly attached to the rear wall from projecting beyond the latter by more
than 3m/4m, but also restricts an extension attached to a side wall from projecting beyond the
imaginary line of the rear wall (i.e. when extended to either side) by more than 3m/4m. In other words, the
phrase “extends beyond the rear wall” not only applies to extensions directly attached to the rear wall, but
also applies to extensions attached to other walls that extend beyond the line of the rear
wall. [Source: “DCLG - Permitted development for householders - Technical guidance”
(August 2010)].
·
Where the original rear
elevation of a property is flat, Class A, part A.1(e) does not in itself restrict the width of the
extension to the width of the original rear wall. [Source: August 2009 - Code a00018].
[Source: January 2010 - Code a00078].
·
Where a property has a
(part-width) original rear projection, an extension to the rear of this is limited to the width of the
original rear projection. [Source: September 2009 - Code
a00023].
·
Where the rear wall of an
extension would comply with the 3m/4m rear projection limit of Class A, part A.1(e), but the eaves /
guttering / soffit / fascia of the extension would project slightly past this line, then this would still be permitted development. [Source: September 2009 - Code a00024].
[Source: February 2010 - Code a00100].
[Source: June 2010 - Code a00123].
[Source: “DCLG - Permitted development for householders - Technical guidance”
(August 2010)]. [Source: November 2010 - Code
a00159]. [Source:
March 2011 - Code a00226].
[Source: April 2011 - Code a00235].
·
Where an extension within an
infill area would leave a courtyard, and then project past the end of the original rear projection and wrap
around the latter, it would not be permitted
development. [Note: In my opinion, the above
conclusion is questionable, because the Inspector has stated that the proposed extension would not be
permitted development, but (unlike the LPA involved) has not identified any limitation or condition of
Class A to which the extension would be contrary]. [Source: May 2009 - Code a00004].
A.1(f):
· See entries under
separate heading “The rear wall of the original dwellinghouse”.
· See entries under
separate heading “Interaction between A.1(e)/(f) and A.1(h)”.
· See entries under
separate heading “Basements”.
·
Class A, part A.1(f) applies
not only to a proposed two-storey rear extension, but also to a proposed first floor rear
extension on top of an existing ground floor rear extension. [Source: “DCLG -
Permitted development for householders - Technical guidance” (August
2010)].
[Source: March 2011 -
Code a00227].
·
Where it is proposed to erect a
two-storey rear extension, Class A, part A.1(f) would restrict both storeys to a depth of 3m. It
therefore is not possible on a detached property to erect (as a single operation) a two-storey rear
extension that has a ground floor with depth 4m and a first floor with depth 3m. [Note: This contradicts the entry two
below]. [Source: December 2009 - Code a00058].
[Source: “DCLG - Permitted development for householders - Technical guidance”
(August 2010)].
[Source: February 2011 - Code a00210].
·
If a property has an
existing ground floor rear extension with depth greater than 3m, then it would not be possible
to erect any first floor rear extension on top of the latter, because Class A, part A.1(f) would restrict
both storeys to a depth of 3m. [Note: This contradicts the entry
below]. [Source: “DCLG -
Permitted development for householders - Technical guidance” (August
2010)].
[Source: March 2011 - Code a00227].
·
Where it is proposed to erect a
two-storey rear extension, Class A, part A.1(f) would restrict only the first floor to a depth of 3m.
It therefore is possible on a detached property to erect (as a single operation) a two-storey rear
extension that has a ground floor with depth 4m and a first floor with depth 3m. [Note: This contradicts the entry above
and the entry two above]. [Source: March 2010 - Code a00111].
·
Where the rear wall of an
extension would comply with the 3m rear projection limit of Class A, part A.1(f), but the eaves / guttering /
soffit / fascia of the extension would project slightly past this line, then this would still be permitted development. [Source: December 2010 - Code a00181].
[Source: January 2011 - Code a00189]
A.1(g):
· See entries under
separate heading “Height”.
· See entries relating
to the phrase “within 2m of the boundary” under separate heading “E.1(d)”.
· See entries under
separate heading “Eaves”.
·
Where parts of a proposed
extension are within 2m of a boundary, the 3m eaves height limit applies not just to those parts
within 2m of the boundary, but to all parts of the proposed extension. [Note: This contradicts the entry
below]. [Source: December 2009 - Code a00062].
[Source: April 2010 - Code a00113].
[Source: “DCLG - Permitted development for householders - Technical guidance”
(August 2010)]. [Source:
January 2011 - Code a00188].
[Source: January 2011 - Code a00189]
·
Where parts of a proposed
extension are within 2m of a boundary, the 3m eaves height limit applies only to those parts within 2m
of the boundary. [Note: This contradicts the entry
above]. [Source: March 2010 - Code a00107].
A.1(h):
· See entries under
separate heading “A side elevation of the original dwellinghouse”.
· See entries under
separate heading “Interaction between A.1(e)/(f) and A.1(h)”.
· See entries under
separate heading “Height”.
· See entries under
separate heading “Basements”.
·
Under Class A, part A.1(h),
where part of a proposed extension would extend beyond an original side wall, the restriction against having
“a width greater than half the width of the original dwellinghouse” applies to the entire extension
(i.e. not just to that part of the extension that extends beyond the original side wall). In other
words, the overall width of the proposed extension can not be greater than then half the width
of the main house, even if the part of the extension that extends beyond the original side wall does
not do so by more than half the width of the house. [Note: This contradicts several entries
below]. [Source: March 2010 - Code a00109].
[Source: “DCLG - Permitted development for householders - Technical guidance”
(August 2010)].
[Source: August 2010 - Code
a00131].
[Source: November 2010 - Code
a00148]. [Source: December 2010 - Code
a00186].
[Source: January 2011 - Code
a00196].
·
Under Class A, part A.1(h),
where part of a proposed extension would extend beyond an original side wall, the restriction against having
“more than one storey” applies to the entire extension (i.e. not just to that part of the
extension that extends beyond the original side wall). In other words, no part of proposed extension
can have more than one storey, even if the part of the extension that extends beyond the original side
wall does not itself have more than one storey. [Note: This contradicts several entries
below]. [Source: January 2011 - Code a00196].
·
Under Class A, part A.1(h),
where part of a proposed extension would extend beyond an original side wall, the restriction against
exceeding “4m in height” applies to the entire extension (i.e. not just to that part of the
extension that extends beyond the original side wall). In other words, no part of proposed extension
can exceed 4m in height, even if the part of the extension that extends beyond the original side wall
does not itself exceed 4m in height. [Note: This contradicts several entries
below]. [Source: January 2011 - Code a00196].
·
Under Class A, part A.1(h),
where part of a proposed extension would extend beyond an original side wall, the restriction against having
“a width greater than half the width of the original dwellinghouse” applies only to that part of the
extension that extends beyond the original side wall. In other words, the overall width of the
proposed extension can be greater than then half the width of the main house, so long as the
part of the extension that extends beyond the original side wall does not do so by more than half the width
of the house. [Note: This contradicts several entries
above] [Source: October 2009 - Code a00035].
[Source: December 2009 - Code a00062].
[Source: January 2010 - Code a00088].
·
Under Class A, part A.1(h),
where part of a proposed extension would extend beyond an original side wall, the restriction against having
“more than one storey” applies only to that part of the extension that extends beyond the original
side wall. In other words, the part of the proposed extension that does not extend beyond the original side
wall can have more than one storey, so long as the part of the extension that extends beyond
the original side wall does not have more than one storey. [Note: This contradicts several entries
above]. [Source: January 2010 - Code a00088].
·
Where it is proposed to erect
two separate side extensions, one on each side of a detached house, then each of these side
extensions could have a width up to half the width of the original house (i.e. this limit would not
apply to the combined width of the two side extensions). [Source: March 2010 - Code a00104]
·
Where the width of a property
varies, the “width of the original dwellinghouse” should be calculated at its widest
point. [Source: “DCLG - Permitted development for householders - Technical guidance”
(August 2010)].
·
For the purposes of Class A,
part A.1(h), “width” should be measured in the direction parallel with the line of the principal
elevation. For example, if the principal elevation is (say) the south elevation, then width should be
measured from west to east, and not from north to south. [Source: July 2010 - Code a00128].
A.1(i):
· See entries under
separate heading “Interaction between Class A, Class B, and Class C”.
· See entries under
separate heading “Juliette balconies”.
· See entries relating
to chimneys, flues, and soil and vent pipes under separate heading “Class G”.
A.2(a):
·
In a
conservation area (or
other article 1(5) land), Class A, part A.2(a) not only prevents the cladding of
the main house, but also prevents the cladding of
any extension. [Source: “DCLG -
Permitted development for householders - Technical guidance” (August
2010)].
[Source: January 2011 - Code a00201].
[Source: April 2011 -
Code a00229].
·
For
a property in a conservation area
(
or other article 1(5) land)
where the existing
house is finished in cladding, the combination of Class A, part
A.2(a) and Class A, part A.3(a) would prevent any
extension. This is because the former limitation prevents the
extension from being finished in cladding, whereas the latter condition prevents the extension from being
finished in anything other than cladding. [Source: April 2011 - Code a00229].
A.2(b):
· See entries under
separate heading “A side elevation of the original dwellinghouse”.
· See entries under
separate heading “Basements”.
·
Class A, part A.2(b) not only
prevents a proposed two-storey rear extension, but also prevents a proposed first floor rear extension on
top of an existing ground floor rear extension. [Source: “DCLG - Permitted
development for householders - Technical guidance” (August 2010)].
A.2(c):
· See entries under
separate heading “The rear wall of the original dwellinghouse”.
· See entries under
separate heading “Basements”.
A.3(a):
· See entries under
separate heading “Materials”.
· See entries under
separate heading “Conditions”.
· See entries relating
to the phrase “of a similar appearance” under separate heading “B.2(a)”.
A.3(b):
· See entries under
separate heading “A side elevation of the original dwellinghouse”.
· See entries under
separate heading “Obscure-glazed and non-opening”.
· See entries under
separate heading “Conditions”.
A.3(c):
· See entries under
separate heading “Conditions”.
· See entries relating
to the phrase “so far as practicable” under separate heading “B.2(b)”.
·
An illustration of an extension
that complies with this condition is provided in the “DCLG - Permitted development for householders -
Technical guidance” (August 2010).
·
The assessment of whether it is
“practicable” for the roof pitch of an extension to be the same as the roof pitch of the original house
should focus on structural and practical considerations. [Source: September 2010 - Code a00134].
·
Where an applicant claims that
it is not practicable for the roof pitch of an extension to be the same as the roof pitch of the original
house, the burden of proof is firmly on the applicant to demonstrate that this is not
practicable. [Source: September 2010 - Code a00134].
·
Where a property has a hipped
roof, it is possible for an extension with a crown roof to comply with Class A, part
A.3(c). [Source:
February 2011 - Code a00211].
[Source: April 2011 - Code
a00232].
·
Where the roof of an extension
would have a similar angle to the main roof, but would have a different orientation, it is possible
for such an extension to comply with Class A, part A.3(c). [Source: February 2011 - Code a00206].
[Source: June 2011 - Code a00248].
Download documents and diagrams of
useful
Permitted Development
information
|