Appeal Decision 12 - 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 – 14 North Road Avenue, Hertford SG14 2BT  

Planning Inspectorate Reference: APP/J1915/X/09/2098148 

East Hertfordshire District Council Reference: 3/08/2028/CL 

Summary of Case (appeal allowed): 

·       The property is a two storey semi-detached house, and the application was for a hip-to-gable roof extension with a rear dormer.  The Council refused the application with the following reason for refusal:

“The flat roof to the proposed dormer would not be constructed of similar materials to that of the existing dwellinghouse.  The development would not therefore comply with the conditions as set out in Class B, Part 1, Schedule 2 of the Town and Country Planning (General Permitted Development) Order 1994 (as amended).  A planning application will therefore be required”

The Inspector stated that, in assessing the “of a similar appearance” condition, there would be a number of factors to be considered in each particular case, including the colour of the material, and its prominence/visibility on the extension.  He stated that he could see no reason why a flat roofing material could not be chosen that would have a similar colour to pebbledash, clay tile or brick, but that more importantly, the height of flat roof and its relationship to possible nearby viewpoints would be such that it would be virtually unseen. He concluded that the condition could be met. 

Main Conclusion: 

·      The condition B.2 (a), that materials “shall be of a similar appearance to those used in the construction of the exterior of the existing dwellinghouse”, would not prevent a flat roof dormer. 

Link to case on Planning Inspectorate website: 

http://www.pcs.planningportal.gov.uk/pcsportal/ViewCase.asp?casename=APP/J1915/X/09/2098148&caseaddress=COO.2036.300.8.1261942