Appeal Decision 156 - Certificate of Lawful
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November 2010 -
Summary of Case (appeal
The property is a very large
detached house, with an original rear wall that is stepped. The application was for a proposed single storey
extension, which would have wrapped around an original rear projection with an L-shaped footprint. The proposed
extension would have had length 11.0m as measured from the rear wall within the infill area, and length 4m as
measured from the rear wall of the original rear projection.
The key issue was whether the
proposals 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
“Although part of the
proposed wrap-round extension would be sited to the rear of one part of the original rear wall, I find that the
element to the rear of the garage (now playroom/toilet) would extend out some 11m and would thus extend more
than four metres beyond this rear wall of the original property. This means that the addition would not meet the
terms of section A.1 (e) (i) and is therefore not permitted”.
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
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
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