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) 

fronts a highway

·      

·       If the angle between the elevation of the house and the highway is more than 45 degrees, then the elevation does not “front” the highway
[Source: “DCLG - Permitted development for householders - Technical guidance” (August 2010)].

·       Where an elevation of a property is at an angle to a highway, it is still possible for that elevation to front the highway.
[Source: October 2009 - Code a00030].
[Source: January 2011 - Code a00204].

·       For example, even where an elevation of a property is at an angle of approx 45 degrees to a highway, it is still possible for that elevation to front the highway.
[Source: October 2009 - Code a00030].
[Source: January 2011 - Code a00204].

·       Furthermore, where two (perpendicular) elevations of a property are each at an angle of approx 45 degrees to a highway, it is possible for both of these elevations to front the highway.
[Source: October 2009 - Code a00030].

·       If the distance between the house and the highway is substantial, or if there is a significant intervening area of land in different ownership or use between the boundary of the curtilage of the house and the highway, then it is unlikely that a building can be said to ‘front’ the highway.
[Source: “DCLG - Permitted development for householders - Technical guidance” (August 2010)].

·       When considering whether a particular elevation “fronts a highway”, the 20m cut-off distance of the previous version of Part 1 should not be used as a definitive factor. Each case should be assessed on its own particular circumstances, and there may be situations where a distance markedly different to 20m would be appropriate.
[Source: June 2011 - Code a00250].

·       This appeal decision provides an example of where it was considered that a particular elevation does front a highway, even though the highway does not pass through the area directly in front of the elevation.
[Source: January 2011 - Code a00204].

·       This appeal decision provides an example of where it was considered that a particular elevation does not front a highway, even though the elevation faces in the direction towards a highway.
[Source: October 2010 - Code a00146].
[Source: April 2011 - Code a00237].
[Source: June 2011 - Code a00250].

·       This appeal decision provides an example of where it was considered that a particular elevation does not front a highway, noting that the highway does not pass through the area directly in front of the elevation.
[Source: July 2011 - Code a00260].

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