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) 

The rear wall of original dwelling house

·       Where a property has a (part-width) original rear projection, then there will be more than one wall that constitutes “the rear wall of the original dwellinghouse” for the purposes of Class A, part A.1(e). This means that where the original rear elevation of a property is stepped, the 3m/4m rear projection limit will be similarly stepped.
[Note: This contradicts the entry two below].
[Source: May 2009 - Code a00003].
[Source: July 2009 - Code a00011].
[Source: August 2009 - Code a00017].
[Source: September 2009 - Code a00023].
[Source: November 2009 - Code a00049].
[Source: April 2010 - Code a00114].
[Source: May 2010 - Code a00119].
[Source: June 2010 - Code a00125].
[Source: June 2010 - Code a00126].
[Source: “DCLG - Permitted development for householders - Technical guidance” (August 2010)].
[Source: September 2010 - Code a00135].
[Source: September 2010 - Code a00136].
[Source: September 2010 - Code a00138].
[Source: November 2010 - Code a00154].
[Source: November 2010 - Code a00156].
[Source: November 2010 - Code a00163].
[Source: December 2010 - Code a00170].
[Source: March 2011 - Code a00217].  

·       Furthermore, where a property has a (part-width) original rear projection, it is not possible to erect an extension within the infill area that projects more than 3m/4m from the original rear wall within the infill area by leaving a gap (e.g. courtyard) between the extension and the latter. In other words, the phrase “extends beyond the rear wall” not only applies to extensions directly attached to that rear wall, but can also apply to extensions directly to the rear of that rear wall.
[Note: This contradicts the entry below].
[Source: “DCLG - Permitted development for householders - Technical guidance” (August 2010)].
[Source: September 2010 - Code a00135].
[Source: September 2010 - Code a00136].
[Source: September 2010 - Code a00138].

 

·       The phrase “the rear wall of the original dwellinghouse” refers to a single entity, and therefore only one wall can constitute “the rear wall of the original dwellinghouse” for the purposes of Class A, part A.1(e).
[Note: This contradicts the entry above and the entry two above].
[Note: In my opinion, the above conclusion was questionable, because it was based upon an interpretation of Class A, part A.1(e) that was directly contrary to government guidance (i.e. the “DCLG - Informal Views from Communities and Local Government” (Dec 2008, updated Jan 2009, superseded Aug 2010)) and all five previous appeal decisions on the subject].
[Source: December 2009 - Code a00055].

·       Where a property has a (part-width) original rear projection, even a relatively short width of rear facing wall will be a “rear wall of the original dwellinghouse” for the purposes of Class A, part A.1(e).
[Source: July 2009 - Code a00011].

·       Where a property has an original rear projection, then even if this is only single storey, the rear wall of this projection is still a “rear wall of the original dwellinghouse” for the purposes of Class A, part A.1(e).
[Source: July 2009 - Code a00011].
[Source: May 2010 - Code a00119].
[Source: November 2010 - Code a00164].

·       Where a property has an original rear projection, then even if this is an “outhouse” type projection that is only accessible externally, the rear wall of this projection is still a “rear wall of the original dwellinghouse” for the purposes of Class A, part A.1(e).
[Source: July 2009 - Code a00011].

·       Where the rear wall of the original dwellinghouse has been previously altered, its original line should be used for the purposes of Class A, part A.1(e).
[Source: May 2010 - Code a00119].

·       Where a property has an original single storey rear projection, then for a proposed first floor rear extension the “rear wall of the original dwellinghouse” will be the original rear wall of the property at first floor level, and not the original rear wall of the property at ground floor level. As such, under Class A, part A.1(f), the proposed first floor rear extension would be limited to a maximum projection of 3m as measured from the original rear wall at first floor level, rather than as measured from the original rear wall at ground floor level.
[Source: April 2010 - Code a00115].

·       The “rear wall of the original dwellinghouse” is not necessarily the wall opposite “the principal elevation” of the dwellinghouse.
[Source: November 2010 - Code a00160].

·       According to this appeal decision, it is possible for one elevation to be “the principal elevation” and “the rear wall of the original dwellinghouse”. An extension from such an elevation would be subject not only to those limitations relating to “the principal elevation” but also to those limitations relating to “the rear wall of the original dwellinghouse”
[Note: Some people might find the above conclusion a bit “contrived”]
[Source: October 2009 - Code a00032]. 

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