Appeal Decision 162 - Certificate of Lawful Development.

November 2010 - Code a00162

Summary of Case (appeal dismissed): 

The property is a detached house, and the application was for a proposed outbuilding in the rear garden. The proposed outbuilding would have been located next to the side boundary, and would have had a dual-pitched roof with eaves at height 2.3m and ridge-line at height 3.0m. From the submitted drawings, it appears clear that not only would parts of the outbuilding more than 2m from the boundary have height greater than 2.5m, but that even parts within 2m of the boundary would have height greater than 2.5m. 

The key issue was whether the proposals would be contrary to Class E, part E.1(d), which states that “Development is not permitted by Class E if … the height of the building, enclosure or container would exceed … (ii) 2.5 metres in the case of a building, enclosure or container within 2 metres of the boundary of the curtilage of the dwellinghouse” 

The Inspector stated the following: 

“It is clear from the drawings and the written evidence in the officer’s report that the proposed outbuilding is well within 2 metres of the boundary of the dwellinghouse curtilage. Therefore the limit in E.1(d)(ii) will apply. Although there was some uncertainty from the appeal papers submitted, the correct version of drawing No. 541/4 on which the application decision was based has been agreed by all parties and clearly shows a maximum roof height of 3 metres at the apex of the pitched roof. Therefore, as a matter of fact, I conclude on the evidence before me that the proposal would not be permitted under exception E.1(d) in Part 1 of Schedule 2 to the GPDO”. 

Main Conclusions: 

·       No conclusions (because too straightforward).

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

·       Appeal Decision Notice:
http://planningjungle.com/?s2member_file_download=a00162-Appeal-Decision-Notice.pdf&s2member_skip_confirmation&s2member_file_inline=yes 

·       Drawings:
http://planningjungle.com/?s2member_file_download=a00162-Drawings.pdf&s2member_skip_confirmation&s2member_file_inline=yes 

Download documents and diagrams of useful

Permitted Development information