Appeal Decision 14 - Certificate of Lawful Development.

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

4 August 2009 – 226 Parsonage Lane, Enfield EN1 3UQ  

Planning Inspectorate Reference: APP/Q5300/X/09/2094467 

London Borough of Enfield Reference: LDC/08/0531 

Summary of Case (appeal allowed):  

·      The property is a two-storey mid-terrace house.  The application was for a single storey rear extension, which would have had a mono-pitch roof, sloping up towards the main house.  This would have had height 2.82m along its rear elevation, increasing to height 3.78m where it meets the rear wall of the main house.

The Council refused the application on the basis that the height of the eaves of the proposed extension would exceed 3m.  The Inspector noted that from a checklist used to assess permitted development, it would appear that the Council measured the height of the eaves as 3.78 metres.

The Inspector concluded that the height of the eaves of the proposed extension would not exceed 3m.  As there is no definition of “eaves” in the Order, the Inspector took the ordinary dictionary meaning as “the lower overhanging part of a sloping roof”. 

Main Conclusion: 

·      For a single storey rear extension with a mono-pitch roof sloping up towards the main house, the “eaves” of the extension the lower end of the slope, and can not be taken to be the higher end of the slope. 

Link to case on Planning Inspectorate website: 

http://www.pcs.planningportal.gov.uk/pcsportal/ViewCase.asp?casename=APP/Q5300/X/09/2094467&caseaddress=COO.2036.300.8.1033637 

Download documents and diagrams of useful

Permitted Development information