Appeal Decision 11 - Certificate of Lawful Development.

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

24 July 2009 – 20 Serpentine Road, Harborne, Birmingham, B17 9RE  

Planning Inspectorate Reference: APP/P4605/X/09/2097939 

Birmingham City Council Reference: S/06123/08/LDP 

Summary of Case (appeal dismissed): 

·       The property is a two-storey house with an original single storey rear projection.  The latter covers only part of the width of the rear of the house, and projects 3m (approx), before narrowing further and then projecting a further 3m (approx).  The application was for an extension that would have replaced all of the above with a full-width rear extension, projecting to a point 1.35m further than the rearmost part of the original single storey rear projection.  The appellant argued that, in the context of part A.1 (e), ‘rear wall’ means only the rearmost wall of the original single storey rear projection.

The Inspector disagreed with the appellant’s argument.  He stated that in this case the property has three sections of rear wall, each of which constitutes a ‘rear wall’ for the purposes of part A.1 (e), and that what is relevant is the rear wall on the part of the building that is being extended from.  The Inspector pointed out that any other interpretation would be inconsistent with the intention o f part A.1 (e) to restrict the impact which permitted development extensions can have on neighbours by limiting the amount by which extensions can project at the back. 

Main Conclusion: 

·      Where the original rear elevation of a property is stepped, the part A.1 (e) limitation on the rear projection of the extension will be similarly stepped. 

Link to case on Planning Inspectorate website: 

http://www.pcs.planningportal.gov.uk/pcsportal/ViewCase.asp?casename=APP/P4605/X/09/2097939&caseaddress=COO.2036.300.8.1254799