Appeal Decision 136 - Certificate of Lawful Development.

September 2010 - Code a00136

Summary of Case (appeal dismissed): 

The property is a two-storey mid-terrace house, with an original three-storey rear projection. The application was for a proposed single storey extension, which would have been attached to the rear wall of the original three-storey rear projection. The proposed extension would have projected 3m from this rear wall, and would have extended sideways to cover the full width of the site, leaving an enclosed courtyard (patio garden) for the length of the infill area.  

The key issue was whether the proposed extension 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: 

“Nevertheless, the Council’s appeal statement identifies that owing to its L-shaped plan form the building at the appeal site possesses 2 rear walls. It maintains that in order to conform to the provisions of the 2008 Order no part of the proposed development should stand further than 3.0 m from either of the 2 sections of the rear wall of the appeal property. The thrust of the Council’s argument is that despite the formation of an enclosed patio garden flanking the rear wing, insofar as the proposed development would span the whole width of the appeal site that part behind the 2-storey front range of the existing building would extend some 10.0 m beyond the relevant rear wall despite the separation afforded by the patio garden. 

Although the Council’s decision preceded the document “Permitted Development for Householders” published by the Department for Communities and Local Government in August 2010, the Council’s interpretation fully accords with the technical guidance in that document. In relation to Class A.1(e) of Part 1 of the Schedule to the 2008 Order the guidance provides that where the rear wall of a building has a stepped planform each part of the building possesses a rear wall and no extension should extend more than 3.0 m from any one part if it is comply with the legislation. The appeal proposal is at variance with this guidance in which in which case it is not development permitted by Class A.1(e) of Part 1 of the Schedule to the 2008 Order.” 

Main Conclusions: 

·       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 would appear to contradict at least one other appeal decision – for further information see the entry in the “Reference Section” on “The rear wall of the original dwellinghouse”].
[Relevant to: “The rear wall of the original dwellinghouse”, A.1(e), A.1(f), A.2(c)].

·       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 would appear to contradict at least one other appeal decision – for further information see the entry in the “Reference Section” on “The rear wall of the original dwellinghouse”].
[Relevant to: “The rear wall of the original dwellinghouse”, A.1(e), A.1(f), A.2(c)].

 

Links to the “Appeal Decision Notice” and other associated documents (e.g. drawings, etc): 

·       Appeal Decision Notice:
http://planningjungle.com/?s2member_file_download=a00136-Appeal-Decision-Notice.pdf&s2member_skip_confirmation&s2member_file_inline=yes 

·       OS Map:
http://planningjungle.com/?s2member_file_download=a00136-OS-Map.pdf&s2member_skip_confirmation&s2member_file_inline=yes 

·       Drawings:
http://planningjungle.com/?s2member_file_download=a00136-Drawings.pdf&s2member_skip_confirmation&s2member_file_inline=yes 

Download documents and diagrams of useful

Permitted Development information