Appeal Decision 16 - Certificate of Lawful Development.

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

5 August 2009 – 11 Wrentham Avenue, Kensal Rise, London NW10 3HT

Planning Inspectorate Reference: APP/T5150/X/09/2102648

London Borough of Brent Reference: 08/3051

Summary of Case (appeal dismissed):  

The property is a two-storey mid-terrace house.  Its front elevation is staggered, such that it has three separate main front-facing roof slopes, plus the roof over the front bay window.  The application was for various works to the roof, and included the sideways extension of the first and second main front-facing roof slopes.

The key issue was whether the proposals would be contrary to Class B, part B.1(b), which states that “development is not permitted by Class B if … any part extends beyond the plane of any existing roof slope which forms the principal elevation of the dwellinghouse and fronts a highway”.

The Inspector concluded that all four of the front-facing roof slopes form part of the principal elevation.  He concluded that therefore the proposals would “extend a roof slope considerably beyond another existing roof slope in the front elevation”, contrary to Class B, part B.1(b), and would not be permitted development.

Main Conclusion:

·      Where the front elevation of a property is staggered, such that it has more than one front-facing roof slope, then it is possible for all of these separate roof slopes to each form part of “the principal elevation”.

·      In such a case, a roof extension that would extend beyond the plane of any of these roof slopes would not be permitted development.

Link to case on Planning Inspectorate website:

http://www.pcs.planningportal.gov.uk/pcsportal/ViewCase.asp?casename=APP/T5150/X/09/2102648&caseaddress=COO.2036.300.8.1594816

Download documents and diagrams of useful

Permitted Development information