Appeal Decision 155 - Certificate of Lawful Development.

November 2010 - Code a00155

Summary of Case (appeal dismissed): 

The property is a detached house. The application was for a structure that the appellant considered would fall under Class D (i.e. a “porch”) whereas the Council considered would fall under Class A (i.e. an “extension”). As I have been unable to view the drawings for this application, please refer to the extract below from the appeal decision notice for a further description of the proposals. 

The key issue was whether such a structure would fall under Class A, which relates to “The enlargement, improvement or other alteration of a dwellinghouse”, or under Class D, which relates to “The erection or construction of a porch outside any external door of a dwellinghouse”. 

The Inspector stated the following: 

“No definition of a porch is included in the GPDO or the Act. The Council use the definition that a porch is ‘a covered shelter projection over the entrance of a building’. In my view, a porch is normally recognised as a structure forming an enclosure in front of, or providing protection for, an external door of a building. Therefore, a porch is a structure which is outside an external door and is not integral to the building. 

The proposal comprises two elements, albeit it would be one development: the first element comprises a fully enclosed front projection measuring 1.7m by 0.9m projection (which would be accessed only from within the hallway of the dwelling and unconnected internally to the entrance door); the second element is an unenclosed roof canopy, which would extend from the proposed front projection roof to the entrance door, extending over the existing canopy porch (this is annotated as such on Drg No Clifton/09/03), providing an enlarged roof canopy area in front of, and to the side of, the entrance door. The former is a substantial element of the whole project, so that it is not a porch within the terms of Class D of Part 1 of Schedule 2 of the GPDO. 

Even were the completed development as a whole to be a porch, Class D only provides permitted development rights for the erection of a porch outside any external door of a dwellinghouse. It does not provide such rights for the alteration or enlargement of an existing porch. As noted above the submitted plan clearly indicates that the existing canopy porch would be retained and I therefore consider the proposals include an alteration and enlargement of an existing porch which would not be permitted development under Class D. 

The front projection would be integral with the building, accessed via the main ground floor circulation space and annotated as storage on the submitted plan. Therefore whilst the canopy roof would be an alteration and enlargement of the existing porch, the enclosed element forms an integral part of the building and would be an enlargement to the dwelling. As such the proposal as a whole would amount to an enlargement, improvement or other alteration of a dwellinghouse”. 

The Inspector then dismissed the appeal on the basis that the proposed extension would extend beyond the principal elevation, contrary to Class A, part A.1(d). 

[Note: In my opinion, the conclusion that Class D does not allow the alteration or enlargement of an existing porch makes more sense from a strict technical point of view (e.g. as a “literal” interpretation), and less sense from a practical point of view (e.g. as a “purposive” interpretation). Such a conclusion would imply that someone wishing to enlarge their existing porch under permitted development rights would always have to demolish their existing porch and rebuild a larger replacement porch, rather than being able to simply enlarge their existing porch. I would be surprised if there are many Councils that apply such an interpretation]. 

Main Conclusions: 

·       A porch is a structure which is outside an external door and is not an integral part of the building. As such, a proposed structure that would be an integral part of the building should be assessed against Class A, rather than Class D.
[Relevant to: “Interaction between Class A and Class D”, Class A, Class D].

·       Class D only provides permitted development rights for the erection of a porch outside any external door of a dwellinghouse. It does not provide such rights for the alteration or enlargement of an existing porch.
[Relevant to: Class D].

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

·       Appeal Decision Notice:
http://planningjungle.com/?s2member_file_download=a00155-Appeal-Decision-Notice.pdf&s2member_skip_confirmation&s2member_file_inline=yes 

Download documents and diagrams of useful

Permitted Development information