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) 

HMaterials

(i.e. the requirement that “the materials used in any exterior work shall be of a similar appearance to those used in the construction of the exterior of the existing dwellinghouse”)

·       The use of felt (or similar) for the flat roof of a dormer (assuming that the visibility of the roof would be limited) would not be contrary to Class B, part B.2(a). The Inspector indicates (or implies) that the felt would not need to have a similar colour to the materials on the existing house.
[Note: This contradicts the entry below].
[Source: July 2009 - Code a00012].
[Source: October 2009 - Code a00036].
[Source: November 2009 - Code a00048].
[Source: December 2009 - Code a00050].
[Source: December 2009 - Code a00051].
[Source: December 2009 - Code a00061].
[Source: December 2009 - Code a00063].
[Source: December 2009 - Code a00066].
[Source: February 2010 - Code a00101].
[Source: June 2010 - Code a00124].
[Source: “DCLG - Permitted development for householders - Technical guidance” (August 2010)].

·       The use of felt (or similar) for the flat roof of a dormer (assuming that the visibility of the roof would be limited) would not (in principle) be contrary to Class B, part B.2(a). However, the Inspector indicates (or implies) that the felt would need to have a similar colour to the materials on the existing house.
[Note: This contradicts the entry above].
[Source: December 2009 - Code a00060].
[Source: December 2009 - Code a00067].
[Source: January 2010 - Code a00079].
[Source: March 2010 - Code a00108].

·       The external walls of a Class A extension should be constructed of materials that provide a similar visual appearance - for example in terms of colour and style of brick used - to the materials used in existing house walls. 

·       The pitched roof of a Class A extension should be clad in tiles that give a similar visual appearance to those used on the existing house roof. Colour and style will be important considerations. 

·       The flat roof of a Class A extension will not normally have any visual impact and so the need for materials of similar appearance should not apply. 

·       The face and sides of a Class B dormer window should be finished using materials that give a similar visual appearance to existing house. So the materials used for facing a dormer should appear to be of similar colour and design to the materials used in the main roof of the house when viewed from ground level. 

·       The flat roof of a Class B dormer window will not normally have any visual impact and so the use of materials such as felt, lead or zinc for flat roofs of dormers will therefore be acceptable
[Note: The above interpretation that each part of an extension (e.g. walls) must be similar to the same part (e.g. walls) of the main house contradicts the entry two below and the entry three below].
[Source: “DCLG - Permitted development for householders - Technical guidance” (August 2010)].

·       Class B, part B.2(a) would not allow the face and cheeks of a dormer to be of a similar appearance to the walls of the main house. In other words, it is necessary for the face and cheeks of a dormer to be of a similar appearance to the roof of the main house.
[Note: This contradicts the entry below and the entry two below].
[Source: April 2011 - Code a00236].

 

·       Class B, part B.2(a) would allow the face and cheeks of a dormer to be of a similar appearance to the walls of the main house. In other words, it is not necessary for the face and cheeks of a dormer to be of a similar appearance to the roof of the main house.
[Note: This contradicts the entry above and the entry two above].
[Source: October 2010 - Code a00142].

·       Class B, part B.2(a) means that the proposed materials must be “of a similar appearance” to the materials used in the external construction of the house generally. It does not mean that the proposed materials must be of a similar appearance to the predominant materials of the house, nor does it mean that the proposed materials must be of a similar appearance to those used on a particular part of the house (for example, the part which is being extended).
[Note: The above interpretation that each part of an extension can be similar to any part of the main house contradicts the entry two above and the entry three above].
[Source: December 2009 - Code a00067].

·       In a Class A extension, it may be appropriate to include new PVC double glazed windows even if there are no such windows in the existing house. What is important is that they give a similar visual appearance to those in the existing house, for example in terms of their overall shape, and the colour and size of the frames. 

·       In a Class B dormer window, the frames of the window should be similar to those in the existing house in terms of their colour and overall shape.
[Source: “DCLG - Permitted development for householders - Technical guidance” (August 2010)].
[Note: In my opinion, the above interpretations are questionable. I’m not convinced that Conditions A.3(a) or B.2(a), which require materials to be “of a similar appearance to those used … [on] the existing dwellinghouse”, should have any effect on the “overall shape” of windows, or on the “size of the frames” of windows. Furthermore, in my opinion this guidance still doesn’t resolve the question of whether a house with timber windows can replace them with UPVC windows under permitted development.].

·       This appeal decision provides an example of where it was considered that fibre cement panels (on the new gable ends of the proposed main roof, and on a proposed rear dormer) would not be “of a similar appearance” to roof tiles (on the existing main roof).
[Source: April 2011 - Code a00234].

·       This appeal decision provides an example of where it was considered that aluminium windows (on a proposed rear dormer) would not be “of a similar appearance” to UPVC windows (on the existing main house).
[Source: April 2011 - Code a00234].

·       This appeal decision provides an example of where it was considered that smooth render (on the proposed front elevation of the house) would be “of a similar appearance” to pebbledash render (on the existing front elevation of the house).
[Source: March 2011 - Code a00219].

·       This appeal decision provides an example of where it was considered that timber and aluminium panels (on the walls of a proposed single storey extension) would be “of a similar appearance” to the traditional materials (e.g. stock bricks) of the house.
[Note: In my opinion, the above conclusion is questionable. If the use of timber and aluminium panels (on a wall visible from normal vantage points) is considered to be “of a similar appearance” to traditional materials (e.g. stock bricks), then how could there be any type of material that would not meet this condition … ?].
[Source: December 2009 - Code a00055].

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