Appeal Decision 100 - Certificate of Lawful Development.

The following appeal summary has been written by Steve Speed, and is available on his website www.planningjungle.com

12 February 2010 – 153 Costons Lane, Greenford, UB6 9AD  

Planning Inspectorate Reference: APP/A5270/X/09/2111336 

Inspector: David Pinner BSc (Hons) DipTP MRTPI 

London Borough of Ealing Reference: PP/2009/1399 

Summary of Case (appeal allowed): 

The property is a two-storey mid-terrace house, and the application was for a proposed single storey rear extension. The outer wall of the extension would have projected 3m from the rear wall of the main house. However, the eaves and guttering would have then projected a further 0.35m. Furthermore, the applicant had not specified what materials would be used for the extension. 

The first key issue was whether the projection of the eaves by more than 3m beyond the rear wall of the original house would be contrary to Class A, part A.1(e), which states that “development is not permitted by Class A if … the enlarged part of the dwellinghouse would … extend beyond the rear wall of the original dwellinghouse by more than … 3 metres”. 

The Inspector stated the following: 

“The 2008 amendments to GPDO Part 1 adopted an impact-based approach. I believe that the 3 metre maximum projection from the rear wall of the dwellinghouse mentioned in the amendments was intended to refer to the main body of the extension to be permitted and that it is not intended that the projection of the eaves and gutters should normally be taken into account. In most circumstances, the projection of the eaves and gutters would make little, if any, significant difference to the impact of the extension under consideration. In the appeal case, there is nothing out of the ordinary about the eaves and gutters that suggest to me that they have any effect on the impact of the proposed extension. I therefore conclude, as a matter of fact and degree, that the projection due to the eaves and gutters of the proposed extension is de minimis and should be disregarded in assessing the projection of the proposed extension from the rear wall of the existing dwellinghouse. I accept that the eaves and gutters here project more than was the case in the Halifax example referred to by the Council (Ref: APP/A4710/X/09/2103056) but not to the extent that I believe that a different approach to that adopted by the Inspector in that case is warranted.” 

The second key issue was whether the proposed extension would be contrary to Class A, part A.3(a), which states that “Development is not permitted by Class A if … the materials used in any exterior work (other than materials used in the construction of a conservatory) shall be of a similar appearance to those used in the construction of the exterior of the existing dwellinghouse”. 

The Inspector stated the following: 

“On the Council’s second point, the external materials have not been specified in the proposal but I do not think there is any reason to believe that the proposed extension would be constructed in breach of condition A.3(a). There is no reason why an LDC could not draw attention to this condition by means of a suitable note.” 

·       Where the main rear wall of an extension would comply with the 3m/4m rear projection limit of Class A, part A.1(e), but the eaves and guttering of the extension would project slightly past this line, then this would still be permitted development.
[Relevant to: A.1(e)].

·       A certificate of lawful development should be issued even if the applicant has not demonstrated full compliance with all of the conditions of the Class, so long as it would be possible for the conditions to be met.
[Note: This would appear to contradict at least one other appeal decision – for further information see the entry in the “Contents” section on “Conditions”].
[Relevant to: “Conditions”, A.3(a), A.3(b), A.3(c), B.2(a), B.2(b), B.2(c), C.2, F.1, H.2(a), H.2(b)].

Link to case on Planning Inspectorate website: 

http://www.pcs.planningportal.gov.uk/pcsportal/ViewCase.asp?casename=APP/A5270/X/09/2111336&caseaddress=COO.2036.300.8.2310304 

Link to LPA website: 

www.ealing.gov.uk

Download documents and diagrams of useful

Permitted Development information