Appeal Decision 101 - Certificate of Lawful Development.

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

15 February 2010 – 81 Beech Drive, Brackley, Northamptonshire, NN13 6JG  

Planning Inspectorate Reference: APP/Z2830/X/09/2116554 

Inspector: John Murray LLB, Dip.Plan.Env, DMS 

South Northants District Council Reference: S/2009/0843/CLU 

Summary of Case (appeal allowed): 

The property is a detached house, with Hasle Road to the west and Beech Drive to the east. The application was for a proposed full-width dormer on an elevation facing towards Hasle Road. 

The first key issue was whether the proposed dormer would be contrary to Class B, part B.1(b), which states that “development is not permitted by Class B if … any part of the dwellinghouse would, as a result of the works, extend beyond the plane of any existing roof slope which forms the principal elevation of the dwellinghouse and fronts a highway”. 

The Inspector stated the following: 

“The elevation, on which the dormer would be located, does face and is prominent from Halse Road. However, that elevation is clearly the back of the house and is separated and partially screened from Halse Road by a fence and hedge. Whilst Beech Drive is a cul-de-sac and a lower status highway than Halse Road, the elevation facing Beech Drive contains the main entrance to the house. This is the elevation that any visitors to the property would approach; it is wholly in the public view from Beech Drive and is quite obviously the front of the house. 

The Council contends that a property may have more than one principal elevation. There is no definition of principal elevation in the GPDO. However, Class B, B.1(b) of the GPDO clearly refers to “the principal elevation.” The use of the definite article, combined with the Oxford English Dictionary definition of “principal” as “first in order of importance”, cited by the appellant, suggests to me that there can only be one elevation on a dwellinghouse to which the Class B, B.1(b) exception can apply.”

The second key issue was whether the use of “bitument bedded limestone chippings on three layers of bitument roofing felt” on the flat roof of the dormer would be contrary to Class B, part B.2(a), which requires 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 Inspector stated the following: 

“The flat roof of the dormer would consist of bitument bedded limestone chippings on three layers of bitument roofing felt and, seen side by side, this material is unlikely to appear similar to the grey concrete pantiles of the existing roof. However, being at existing ridge height, the flat roof would not be seen from any normal public or private vantage points and so the felt would not have a bearing on the appearance of the roof as added to or altered. This approach is consistent with that taken by another Inspector in appeal Ref APP/B1930/X/09/2102728. Furthermore, the Informal Views document asks planning authorities to consider the fact that a flat roof of a dormer at, or near, ridge height will often not be visible. For the reasons given, I consider that the proposed material for the flat roof would not give rise to a breach of the condition in Class B, B.2(a).” 

Main Conclusions: 

·       Only one elevation can constitute “the principal elevation”.
[Note: This would appear to contradict at least one other appeal decision – for further information see the entry in the “Contents” section on “Principal Elevation”].
[Relevant to: “Principal Elevation”, A.1(d), B.1(b), E.1(b), F.1, G.1(b)].

·       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 would appear to contradict at least one other appeal decision – for further information see the entry in the “Contents” section on “B.2(a)”]
[Relevant to: A.3(a), B.2(a)].

Link to case on Planning Inspectorate website: 

http://www.pcs.planningportal.gov.uk/pcsportal/ViewCase.asp?casename=APP/Z2830/X/09/2116554&caseaddress=COO.2036.300.8.2723874 

Link to LPA website: 

www.southnorthants.gov.uk 

Download documents and diagrams of useful

Permitted Development information